Domestic Violence in New Jersey Family Court

Custody Basics

Custody refers to the legal rights and responsibilities regarding the care and control of a child. It typically includes physical custody, which involves where the child lives, and legal custody, which covers decision-making authority about the child's health, education, and welfare. Courts prioritize arrangements that support the child’s stability and well-being.

Best-Interest Child Safety Themes

When determining custody, courts focus on the child’s best interests, emphasizing safety, stability, and emotional health. This includes evaluating the child’s living environment, parental involvement, and protection from harm such as domestic violence, neglect, or abuse. Ensuring the child’s physical and psychological safety is paramount.

Use of DV Evidence

Evidence of domestic violence (DV) is critical in custody decisions. Courts carefully consider documented abuse, restraining orders, police reports, and witness testimony as factors impacting a parent’s fitness and the child’s safety. Presenting clear, credible DV evidence can influence custody arrangements to protect survivors and children.

Effects of FRO on Custody

A Family Restraining Order (FRO) can substantially affect custody outcomes. FROs provide legal protection to survivors and children by restricting contact and proximity of the abusing parent. Courts often consider existing FROs as indicators of risk, which may limit or condition custody and visitation to ensure ongoing safety.

For additional guidance on navigating custody and domestic violence issues, survivors can visit dv.support for trusted resources and support.