How to File for Sole Custody & Supervised Visitation in New Jersey
In New Jersey, the Superior Court determines child custody. To obtain sole custody with supervised visitation, you are required to prove that it is in the best interest of your child. In New Jersey, there are two types of custody -- physical and legal. Legal custody involves who makes the decision for your child. Physical custody is where the child lives. You will have to request sole physical custody for your child to live strictly with you.
Other People Are Reading
Instructions
-
-
1
Visit the Superior Court in the New Jersey County where your child lives. Ask the court clerk for a notice of motion. The exact form will depend on whether you already have a child custody order or not.
-
2
Complete the notice. If you already have an original order of child custody, review the order for case number and other information you will need to complete your notice. Explain the reason for your request. Provide as much detail as possible on the notice to about why you believe you need to have sole custody and that your ex should only have supervised visitation.
-
-
3
Make copies of completed notice and return to clerk. Pay any filing fees. The fees will vary depending on your case and county. If you cannot pay the fees, ask the clerk for a waiver form. You will receive a court date for a judge to hear your motion.
-
4
Serve the other party. Deliver or mail all copies of the motions to your ex or his lawyer. If you mail them, use certified mail with return receipt and keep a copy of the receipt for your records. The other party must receive the papers at least 24 calendar days before the motion is scheduled.
-
5
Attend your hearing. Bring any evidence or witnesses that can help your case for sole custody. If you have any police reports against your ex, bring those to the courtroom. The state of New Jersey prefers to give joint custody, so without a compelling reason for the request of sole custody, you will have a difficult time convincing the judge.
-
6
Follow court instructions. The judge will likely schedule further hearings before making a decision. Attend your hearings and document any more reasons why you think you should have sole custody. For instance, if your ex called you under the influence of alcohol or drugs, document the event.
-
1
