WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: New Jersey

Statutes: New Jersey

View all
July 14, 2020

9:2-7. Habeas corpus to determine custody of child; access to child

When any husband and wife shall live in a state of separation without being divorced, and shall have any minor child of the marriage, the Superior Court, upon such child being brought before it upon habeas corpus, shall award the custody of such child and make such order or judgment relating thereto for the access of either parent to such child, at such times and under such circumstances, as it may deem proper.