Domestic Violence in New Jersey Family Court
How domestic violence may factor into New Jersey custody and parenting time decisions.
Understanding Custody Basics and Domestic Violence Considerations
Custody Basics
Custody generally refers to the legal right to make decisions about a child's care and the right to have the child live with a parent or guardian. It can be divided into two main types: physical custody and legal custody. Physical custody determines where the child lives, while legal custody involves decision-making about the child’s health, education, and welfare.
Best-Interest of the Child and Safety Themes
Decisions about custody focus primarily on the child's best interests. This includes considering the child's safety, well-being, and stability. Courts look at factors like the child’s relationship with each parent, continuity of care, and, importantly, any concerns about safety risks. Protecting the child from harm is a central concern throughout custody evaluations.
Use of Domestic Violence Evidence in Custody Cases
Evidence of domestic violence can play an important role in custody decisions. Documentation or proof of abuse, threats, or coercive behavior may affect how custody is arranged. Courts may consider the nature and extent of any violence to help ensure that custody arrangements do not expose the child or the non-abusive parent to harm.
Effects of Family or Restraining Orders (FRO) on Custody
Family or restraining orders can influence custody and visitation arrangements. An order that restricts contact between parties may limit or define how and when a parent can see the child. These legal protections are designed to reduce potential risks and support a safer environment for both the child and the parent seeking protection.