________________________________________________________________________________
STATE OF NEW JERSEY
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, FAMILY PART
[COUNTY] COUNTY
________________________________________________________________________________
[PLAINTIFF FULL NAME],
Plaintiff,
v. Docket No.: _______________
FD-___________-____
[DEFENDANT FULL NAME],
Defendant.
________________________________________________________________________________
COMPLAINT FOR CUSTODY
________________________________________________________________________________
Plaintiff [FULL NAME], appearing pro se, hereby files this Complaint for
Custody of the minor child(ren) against Defendant [FULL NAME], and in
support thereof states as follows:
PARTIES AND JURISDICTION
- Plaintiff [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,
New Jersey [ZIP CODE], and has resided at this address for [TIME PERIOD].
- Defendant [FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP CODE].
- This Court has jurisdiction over the subject matter and the parties
pursuant to N.J.S.A. 2A:34-23 and N.J.S.A. 9:2-2 (Uniform Child Custody
Jurisdiction and Enforcement Act).
- Venue is proper in [COUNTY] County because the child(ren) reside(s)
in this county, and this county has been the child(ren)'s home state
for at least six (6) months immediately preceding the filing of this
Complaint.
MINOR CHILD(REN)
- The following minor child(ren) are subject to this custody action:
| Name | Date of Birth | Age | Current Residence |
|---|---|---|---|
| [CHILD 1 NAME] | [DOB] | [AGE] | [ADDRESS] |
| [CHILD 2 NAME] | [DOB] | [AGE] | [ADDRESS] |
- The child(ren) currently reside(s) with:
[ ] Plaintiff
[ ] Defendant
[ ] Both parties (describe arrangement): [ARRANGEMENT]
- Plaintiff is the child(ren)'s:
[ ] Mother
[ ] Father
[ ] Legal Guardian
[ ] Other: [RELATIONSHIP]
- Defendant is the child(ren)'s:
[ ] Mother
[ ] Father
[ ] Legal Guardian
[ ] Other: [RELATIONSHIP]
CURRENT CUSTODY ARRANGEMENT
- The current custody arrangement is:
[ ] No formal custody order exists
[ ] Custody order exists from [COURT], dated [DATE]
[ ] Informal arrangement between the parties
- Describe the current physical custody arrangement:
[DESCRIBE WHO HAS THE CHILD(REN) AND WHEN]
PRIOR PROCEEDINGS
- [ ] There have been NO prior custody proceedings involving these
child(ren) in this or any other jurisdiction.
[ ] There have been prior custody proceedings as follows:
- Court: [COURT NAME AND LOCATION]
- Date: [DATE]
- Docket Number: [DOCKET NUMBER]
- Outcome: [DESCRIBE]
REASONS FOR CUSTODY REQUEST
- Plaintiff requests custody based on the following facts and
circumstances:
[PROVIDE DETAILED STATEMENT OF FACTS SUPPORTING CUSTODY REQUEST,
INCLUDING:
- Relationship with the child(ren)
- Ability to provide care
- Stability of home environment
- Child(ren)'s preference (if age-appropriate)
- Any relevant circumstances regarding Defendant]
- Plaintiff believes custody with Plaintiff is in the best interests
of the child(ren) under N.J.S.A. 9:2-4, considering the following
factors:
a. The parents' ability to agree, communicate and cooperate: [DESCRIBE]
b. The parents' willingness to accept custody: [DESCRIBE]
c. Any history of domestic violence: [DESCRIBE OR STATE "None"]
d. The safety of the child: [DESCRIBE]
e. The child's needs: [DESCRIBE]
f. The stability of the home environment: [DESCRIBE]
g. The child's preference (if of sufficient age): [DESCRIBE]
TYPE OF CUSTODY REQUESTED
- Plaintiff requests the following custody arrangement:
LEGAL CUSTODY (decision-making authority):
[ ] Sole legal custody to Plaintiff
[ ] Joint legal custody between Plaintiff and Defendant
PHYSICAL CUSTODY (where the child(ren) reside):
[ ] Primary residential custody to Plaintiff
[ ] Shared residential custody
[ ] Parenting time to Defendant
- Proposed parenting time schedule:
[DESCRIBE THE PROPOSED SCHEDULE FOR THE NON-CUSTODIAL PARENT,
INCLUDING WEEKDAYS, WEEKENDS, HOLIDAYS, AND VACATIONS]
PARENTING TIME
- [ ] Plaintiff requests reasonable parenting time for Defendant.
[ ] Plaintiff requests supervised parenting time for Defendant
due to: [REASON FOR SUPERVISION]
[ ] Plaintiff requests that Defendant's parenting time be
restricted due to: [REASON]
CHILD SUPPORT
- [ ] Child support is not addressed in this Complaint.
[ ] Plaintiff requests that the Court establish child support
pursuant to New Jersey Child Support Guidelines (Court Rule 5:6A).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
a. Award Plaintiff [sole/joint] legal custody of the minor child(ren);
b. Award Plaintiff [primary/shared] residential custody of the minor
child(ren);
c. Establish a parenting time schedule in the best interests of the
child(ren);
d. [If applicable] Order Defendant to pay child support;
e. [If applicable] Restrict or supervise Defendant's parenting time;
f. Grant such other and further relief as the Court deems just and
proper in the best interests of the child(ren).
________________________________
[YOUR FULL LEGAL NAME]
Plaintiff (Signature)
________________________________
[YOUR FULL LEGAL NAME - PRINTED]
Plaintiff (Print Name)
[ADDRESS]
[CITY], NJ [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]
________________________________________________________________________________
VERIFICATION
________________________________________________________________________________
CERTIFICATION PURSUANT TO R. 1:4-4(b)
I certify that the foregoing statements made by me are true. I am aware that
if any of the foregoing statements made by me are willfully false, I am
subject to punishment.
Date: _______________
________________________________
[YOUR FULL LEGAL NAME - SIGNATURE]
Plaintiff
[YOUR FULL LEGAL NAME, printed]
[ADDRESS]
[CITY], NJ [ZIP CODE]
[PHONE NUMBER]
N.J.R. 1:4-4(b)
________________________________________________________________________________
NEW JERSEY CUSTODY GUIDE
________________________________________________________________________________
CUSTODY TYPES UNDER N.J.S.A. 9:2-4:
- LEGAL CUSTODY: The right to participate in major decisions about
the child's life, including education, medical care, and religious
upbringing.
- PHYSICAL CUSTODY (Residential Custody): The right to have the child
live with you.
- JOINT CUSTODY: Both parents share legal and/or physical custody.
- SOLE CUSTODY: One parent has exclusive legal and/or physical custody.
- PARENTING TIME: The non-custodial parent's right to spend time with
the child (formerly called "visitation").
BEST INTEREST FACTORS (N.J.S.A. 9:2-4(c)):
The court considers all relevant factors, including:
- The parents' ability to agree, communicate and cooperate
- The parents' willingness to accept custody
- Any history of domestic violence
- The safety of the child and safety of either parent
- The proximity of the parents' homes
- The needs of the child
- The stability of the home environment
- The quality and continuity of the child's education
- The child's reasonable preference (if of sufficient age)
- The fitness of the parents
- The parents' employment responsibilities
- The number and ages of the children
FORMATTING REQUIREMENT (N.J.R. 1:4-9):
Every document filed with a New Jersey court must carry a 3-inch (3") blank
top margin on the first page to accommodate the court's filing stamp. All
subsequent pages require a minimum 1-inch top margin. Verify margins before
filing.
FILING FEES:
- Complaint for Custody: $200 (plus possible additional fees)
- Motion fees: $50
REQUIRED DOCUMENTS:
- Complaint for Custody (this document)
- Confidential Litigant Information Sheet
- Certification of Notification of Insurance Coverage
- Case Information Statement (if support requested)
- Parenting Time Guideline Acknowledgment
NEW JERSEY FAMILY COURTS:
Each county has a Superior Court, Chancery Division, Family Part:
Essex County:
- Superior Court of New Jersey
- Family Division
- 212 Washington Street
- Newark, NJ 07102
- Phone: (973) 693-5729
Hudson County:
- Superior Court of New Jersey
- Family Division
- 595 Newark Avenue
- Jersey City, NJ 07306
- Phone: (201) 217-5100
Bergen County:
- Superior Court of New Jersey
- Family Division
- 10 Main Street
- Hackensack, NJ 07601
- Phone: (201) 646-2300
Camden County:
- Superior Court of New Jersey
- Family Division
- 101 Park Boulevard
- Camden, NJ 08103
- Phone: (856) 379-2200
MIDDLESTEP PROCESS:
- FILE Complaint at the County Family Part
- SERVE the other parent with a copy
- ATTEND mandatory custody mediation
- ATTEND a custody hearing if no agreement is reached
- RECEIVE a custody order from the judge
MANDATORY MEDIATION:
New Jersey requires custody mediation in most cases before a hearing.
The mediator helps parents reach an agreement. If no agreement is
reached, the case goes before a judge.
________________________________________________________________________________
LEGAL DISCLAIMER
________________________________________________________________________________
This document is provided for informational purposes only and does not
constitute legal advice. Child custody proceedings can be complex and
emotionally challenging. You should consult with a licensed New Jersey
family law attorney before proceeding.
New Jersey custody laws are subject to change. Verify current
requirements with the New Jersey Statutes or a qualified attorney.