Legal Information: New Jersey


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November 27, 2017

Who can get custody?

At least one of the child's parents is entitled to custody, unless there is clear and compelling (convincing) evidence that both parents are "unfit," which could mean that the parents are grossly immoral or unfit, neglectful, or have behaved in a way that endangers the welfare of the child.* In the case that both parents are no longer living or are considered "unfit," the judge can award custody to another person or to an agency such as the Department of Human Resources, depending on what the judge believes to be in the best interest of the child.

* See NJSA §9:2-9