This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.
New Jersey USLegal Guide to How to Relinquish Custody
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US-GDE-13
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FAQ
With this in mind, there is no hard and fast age that a child can choose who to live with in NJ. Instead, like other decisions where the court is involved, the court will make the decision on a case-by-case basis, using some general guidelines.
Voluntary Termination before Adoption Once a parent is certain about giving up their rights, they must prove before both NJDCP&P and a local court that doing so is in their child's best interests. They must also complete a Voluntary Surrender of Parental Rights Form communicating that idea.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
There are two types of custody: legal and physical. Although it is not clearly defined in New Jersey statutes, legal custody usually refers to the right to make major decisions about your child.
Custody Joint Legal Custody. Fosters co-parenting and shared access to information. Sole Legal Custody. All major decisions are made by one parent. Primary Residential Custody. The child lives with one parent at least 51% of the time. Shared Residential Custody. The child resides with each parent equally.
In New Jersey, the child cannot refuse visitation or have any say in a visitation schedule until they reach the age of adulthood, which is 18. This means that as the custodial parent, you are required to encourage visitation and help to facilitate it even if the child speaks out against being with the other parent.
Generally, child custody can be determined in two ways: by a negotiated agreement between the parents or by a judge's decision. Most commonly, in divorce and separation cases, the parents are able to work out a custody agreement between themselves.
Many New Jersey attorneys ascribe to an unwritten rule that a child should have an influence on child custody determinations at the age of 14. Nevertheless, this ?rule? is far more a suggestion and certain situations may allow for a child's influence at a younger age.
Physical custody can be sole or jointly shared. A child may live with the primary custodial parent the majority of the time or divide time evenly between both parents.
In New Jersey, there are two ways to modify a child custody order: through a consent order or by filing a motion. If the parties agree about the changes that should be made, they can present this agreement to the court to modify the existing court order.