{"id":374974,"date":"2018-05-04T12:16:45","date_gmt":"2018-05-04T17:16:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-child-custody-forms-and-process.html"},"modified":"2018-05-04T16:09:43","modified_gmt":"2018-05-04T21:09:43","slug":"new-jersey-child-custody-forms-and-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-child-custody-forms-and-process.html","title":{"rendered":"New Jersey Child Custody Forms and Process"},"content":{"rendered":"\n
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New Jersey Child Custody Forms and Process<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When intimate relationships go awry, sometimes the only positives left are the children. This raises the question of custody<\/a> when a couple decides to split up. New Jersey encourages parents to agree to custody and visitation (parenting time) terms on their own. However, that's not always possible and that's when the court steps in. Although there are similarities, each state has a different process for filing for custody. Part of the process includes the completion of specific forms<\/a>.<\/p>\r\n

New Jersey Child Custody Forms and Process Overview<\/h2>\r\n

Nothing can replace the insight of an attorney when it comes to statutory interpretation. However, it's very beneficial to become familiar with the law by following a plain language guide. The chart below provides a synopsis of the laws that comprise New Jersey's child custody process.<\/p>\r\n\r\n

Statutes and Forms<\/b><\/p>\r\n<\/td>\r\n

Statutes<\/i><\/p>\r\n

Filing Your Custody Case<\/b><\/p>\r\n<\/td>\r\n

If there's already a custody order in place, you must file a motion for a modification of child custody. If there's no existing order, you're free to begin custody proceedings. At the end of the proceedings, the court will make an initial determination of custody.<\/p>\r\n

The Custody Complaint<\/i><\/p>\r\n

The process begins with the drafting of the complaint<\/a> which must be filed in the superior court of the county where the child resides (if your child doesn't live with you). In addition to specific information about the parties' and your child's demographics, other information is included in the complaint\/motion for custody:<\/p>\r\n

Mediation<\/b><\/p>\r\n<\/td>\r\n

Mandatory Mediation<\/i><\/p>\r\n

This is the process that tries to reach agreement between the parties before trial. The exception: cases in which a final restraining order has been entered as a result of domestic violence<\/a>.<\/p>\r\n

Investigations<\/i><\/p>\r\n

When parents can't resolve the custody issues through mediation, then the law permits the court to conduct investigations before any custody award is made to either parent. The investigation will include a review of the following:<\/p>\r\n

Custody Trial<\/b><\/p>\r\n<\/td>\r\n

Each side will present evidence in the case. The court makes custody decisions based on the "best interests of the child"<\/a> factors.<\/p>\r\n

Once the initial custody determination has been made, either parent may move to change the arrangement only when there's been a substantial change in circumstances that impacts the child's welfare.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

New Jersey Child Custody Forms and Process: Related Resources<\/h2>\r\n