How Does Substance Abuse Affect Child Custody?
Child custody is one of the most complex family law issues, and if your spouse is claiming you have a substance abuse issue, custody matters will most likely become even more complicated. Please continue reading and speak with our knowledgeable New Jersey family law attorneys to learn more about child custody in New Jersey and how we can help you through the process ahead. Here are some of the questions you may have:
What are the different types of child custody available in New Jersey?
There are two primary types of child custody in New Jersey: physical custody and legal custody. Essentially, physical custody refers to where your child lives, and legal custody refers to whether a parent has the right to make certain key decisions on behalf of their child, such as where they go to school, what religion they practice, and what type of medical treatments they may receive. That being said, though generally, New Jersey courts prefer to split both legal and physical custody evenly between parents, they will only do so if it is in the best interests of the child.
How do New Jersey courts determine child custody?
New Jersey courts will consider a wide variety of factors when determining child custody, however, as stated above, their decision will ultimately rest on the best interests of your child. New Jersey courts will consider several different facets of your life, your former spouse’s life, and, of course, your child’s life. Some factors they will consider are as follows:
- Whether your child has any special needs
- The bond you share with your child
- Whether you can financially support your child
- Whether you can emotionally support and otherwise raise your child
- Whether you live close in proximity to your former spouse
- Whether your child is involved in any extra-curricular activities
- If your child is old/mature enough, whether he or she has a preference
That being said, if the court notices anything that may adversely affect your child, such as a substance abuse issue, there is a very good chance that this will drastically affect your custody agreement. This is why if your former spouse is telling the court that you have such an issue, the most important thing you can do is seek professional help, and document that you are doing so. From here, you must hire an experineced Chatham family law attorney who can work to prove that you are doing everything in your power to be the best parent possible for your child. If you have any additional questions, give us a call today. We are here to help.
Contact our experienced New Jersey firm
If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Lazor Rantas, PC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.