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Commonly Asked Questions about Minor Children Custody Forms

A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody.
You file papers (a Petition and Summons) and pay a fee between $435 - $450. There will be other fees if you need a court date to ask a judge to make orders about custody and support. If you cant afford the fee, you can ask for a fee waiver. Once you file the papers, your childs other parent must receive a copy.
Unmarried parents have the same custody rights in New Jersey as married parents. This means that matters involving child support, custody and parenting time will be determined in the same way that they are for married and divorcing parents.
The judge must determine at the fact-finding hearing if the respondent parent: Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.
A New York court can make orders about the childs custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the best interest of the child. If there is no court order, then both parents have equal rights to physical and legal custody of the child.