New Jersey Child Custody Petition — Your Filing Guide

What This Document Does

This complaint asks the Family Court to establish legal and physical custody of your child(ren). The court will decide who makes major decisions for the children (legal custody) and where the children live (physical custody).

When to Use This

• You and the other parent cannot agree on custody
• There is no existing custody order
• You want to modify an existing custody order
• You are concerned about your child's safety or welfare

Before You File

Gather These Documents:

• [ ] Children's birth certificates
• [ ] Children's Social Security numbers
• [ ] Marriage certificate (if married to other parent)
• [ ] Divorce decree (if applicable)
• [ ] Any prior court orders involving the children
• [ ] School records
• [ ] Medical records (if relevant)
• [ ] Proof of income for both parents
• [ ] $250 filing fee OR fee waiver application (Civil Action Information Sheet)

Understand Custody Types:

Legal Custody = Who makes major decisions (school, medical, religion)

• Sole: One parent decides
• Joint: Both parents decide together

Physical Custody = Where the child lives

• Sole: Child lives with one parent
• Joint: Child splits time between parents

Step-by-Step Filing

Step 1: Complete the Complaint

Fill in every blank:

1. Your information (Plaintiff) — name, address, county
2. Other parent's information (Defendant) — name, address
3. Children's information — names, dates of birth, current residence
4. Current custody arrangement — describe who has the children now
5. Prior proceedings — list any previous court cases involving custody
6. Your request — what custody arrangement you want and why

Step 2: Complete Parenting Certification

New Jersey requires both parents to complete a Parenting Education Program. Check with your county for approved programs.

Step 3: Make Copies

Make 3 copies:

• Original for the court
• 1 copy for yourself
• 1 copy for the other parent

Step 4: File with the Family Court

Where to file:

File in the Family Part of the Superior Court in the county where the child has lived for the last 6 months.

Major Courts:

• Essex County (Newark): 50 West Market Street, Newark, NJ 07102
• Hudson County (Jersey City): 595 Newark Avenue, Jersey City, NJ 07306
• Bergen County (Hackensack): 10 Main Street, Hackensack, NJ 07601
• Middlesex County (New Brunswick): 56 Paterson Street, New Brunswick, NJ 08901
• Monmouth County (Freehold): 71 Monument Street, Freehold, NJ 07728

Bring:

• Completed complaint
• Children's birth certificates
• Filing fee ($250) or fee waiver application
• Proof of residency

Step 5: Serve the Other Parent

The other parent MUST receive a copy of the complaint. You cannot serve them yourself.

Options:

• Sheriff's officer (approximately $50)
• Private process server
• Certified mail with return receipt

Step 6: Attend Court Events

Case Management Conference:

• Usually within 30-45 days of filing
• The court will schedule mediation and set deadlines

Mediation:

• Required in most New Jersey custody cases
• Free mediation through the court
• Try to reach an agreement

Custody Hearing/Trial:

• If mediation fails, the case goes to a hearing
• Present evidence and witnesses
• Judge makes the final decision

At Your Court Appearances

Bring:

• Your filed complaint
• All supporting documents
• Any witnesses who can testify about your parenting

What to say:

• "Your Honor, I am [YOUR NAME]. I filed a custody complaint on [DATE]."
• "I am requesting [sole/joint] custody because [REASON]."
• Focus on what's best for the child, not complaints about the other parent
• Be specific about schedules, school, medical care

Best Interests of the Child

New Jersey courts consider these factors:

• Parents' ability to cooperate
• Children's needs
• Stability of home environment
• Quality of relationship with each parent
• Children's preferences (if mature enough)
• History of domestic violence
• Geographic proximity of parents' homes
• Parents' employment responsibilities
• Number and ages of children

Frequently Asked Questions

Q: Can I get custody without a lawyer?

A: Yes. Many parents represent themselves in custody cases. Free legal help is available.

Q: What if the other parent doesn't show up?

A: The court may enter a default judgment in your favor.

Q: Can custody be changed later?

A: Yes. Either parent can file to modify custody if circumstances change.

Q: What if there's domestic violence?

A: Tell the court immediately. New Jersey has special protections for domestic violence victims.

Q: Do grandparents have rights?

A: Yes. Grandparents can petition for visitation under certain circumstances.

Legal Aid Resources

If you need free legal help:

• Legal Services of New Jersey: (732) 529-7200
• LSNJ Law Hotline: 1-800-792-8020
• Northeast New Jersey Legal Services: (201) 792-6363
• South Jersey Legal Services: (856) 583-2950
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.