Legal Information: New Jersey

Custody

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Updated: 
April 1, 2022

Can a parent who was convicted of sexual assault or a similar crime get custody or visitation?

If a parent was convicted of any of the following crimes, the judge will assume that the parent should not be granted custody or visitation of your child:

However, the convicted abuser could try to convince the judge that the best interest of the child is to allow custody and visitation. If the abuser shows clear and convincing evidence, the judge may allow custody or visitation rights.1

Note: Being denied custody and visitation will not automatically end the abuser’s parental rights or child support responsibilities.2 If there is any proceeding to establish or enforce child support, you will not have to be in the same room with the abuser if you were the victim of the crime for which the abuser was convicted. In addition, your child’s location should be kept confidential.3

1 N.J. Stat. § 9:2-4.1(1)(a), (1)(b)
2 N.J. Stat. § 9:2-4.1(1)(c)
3 N.J. Stat. § 9:2-4.1(1)(d)

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