Restoring custody rights can initially appear to be a formidable challenge. However, with diligent effort and a well-substantiated case, it can be achieved. This intricate process necessitates considerable dedication and the expertise of our seasoned Edison Child Custody Lawyers. Please continue reading as we explore the steps a parent can take to regain their custody rights in New Jersey.
How Can a Parent Lose Their Rights?
In New Jersey, the termination of parental custody is a serious decision made by the court only when it is determined to be in the child’s best interests. Courts generally aim to preserve a child’s relationship with both parents, making custody revocation a last resort. Compelling reasons are required for such a decision. These may include:
- Non-compliance with parenting plans
- Unsafe living environment
- A parent’s failure to maintain contact with the child
- A parent’s imprisonment
- A parent’s ongoing issues with substance abuse
- A parent engaging in child abduction
- Accusations or convictions of child abuse, neglect, domestic violence, or a parent’s mental illness
How Can I Regain Custody?
Restoring custody rights, while challenging, is possible. The parent who lost custody must prove that all issues have been resolved and that they can provide proper care for their child. Although there is no single path to regaining custody, these steps can significantly improve your chances.
To regain your rights, you must demonstrate that you have corrected the problem that led to your loss. For example, if substance abuse caused the loss of custody, you must show participation in a treatment program and sobriety. If a lack of stable housing is the issue, securing a safe living environment is necessary. When a judge terminates custody rights, it’s crucial to follow any court orders issued. Failure to do so can lead to various negative consequences, including undermining your efforts to establish or maintain custody.
Once the outstanding issues have been resolved, you can file a petition with the court to modify the existing custody order. This petition should detail the changes you have made and explain why these changes now serve the child’s best interests by placing them in your case. The court will then review the evidence and testimony to make a final decision on the matter. The court’s primary concern is ensuring the child’s well-being.
As you can see, regaining your custody rights can be a lengthy and challenging process. At Ardnt & Sutak, LLC, we are ready to guide and support you through this legal journey. Our dedicated legal team will help you fight for valuable parenting time. Contact us today for guidance and skilled representation.
