Legal Information: New Jersey

Custody

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Updated: 
April 1, 2022

Can an abusive parent get custody or visitation?

Three of the factors that a judge will consider when deciding custody and visitation are:

  1. the history of domestic violence;
  2. the safety of the child; and
  3. the safety of either parent from physical abuse by the other parent.1

However, the law doesn’t say that the presence of any of these factors alone is enough to automatically deny custody or visitation rights.

1 N.J. Stat. § 9:2-4(c)

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