Concerned that Your Child is at Risk with Your Ex in NJ?

Your child’s safety is non-negotiable. If you believe your ex-partner is putting your child at risk, it’s time to act.

Imagine that your ex is regularly leaving your child alone, engaging in risky behavior, bringing them around people who are engaging in illegal activities, or abusing alcohol or drugs while your child is in their custody. Maybe you are doing more than just imagining these scary scenarios – perhaps you are living it, with the fear and anxiety that would accompany any reasonable parent. Your child’s safety and wellbeing is paramount. The idea that someone, especially their other parent, might be putting them in harm’s way is almost too much to bear, but these emotions are often not rooted in speculation but a very real possibility that your child is at risk.

Unfortunately, these situations are a reality for many parents who share custody with an ex-partner. If you suspect your child may be in an unsafe situation with your ex, the steps that you take are crucial. Contact our family lawyers at Bronzino Law Firm to discuss your particular case and discover how we can assist with protecting your child’s welfare. With local offices in Brick and Sea Girt, NJ, we assist clients in Ocean County, Monmouth County, and surrounding Southern New Jersey communities. Call (732) 812-3102 to speak with an attorney on our team free of charge.

New Jersey Values Your Child’s Safety as Much as You Do

Parents concerned about their child’s safety when they are with their ex are not without recourse. New Jersey law provides clear definitions of what constitutes child abuse and neglect. In New Jersey, child abuse is defined as any action that inflicts physical injury or substantial risk of physical injury on a child or allows such injury or risk to occur. Neglect, on the other hand, is the failure to provide proper care or supervision for a child. This can include medical care, shelter, clothing, or food.

Recognizing the signs of abuse and neglect are critical for any parent. Abuse could include hitting a child and leaving marks on their body, but it could also include extreme emotional or verbal abuse. Watching for any changes in your child’s demeanor, behavior, or interests is important. Although changes in those areas are not dispositive of abuse, they are indicators that you should investigate further what your child might be experiencing when you are not with them.

Neglect, under NJ law, can also include leaving a child unattended for extended periods of time, particularly if they are young. Failing to address a child’s medical needs is also neglect. Some actions, like exposing a child to substance abuse could fall under neglect or abuse, depending on the circumstances.

Potential Consequences of Parental Misconduct in NJ

If a parent is found guilty of abuse, neglect, or endangerment in New Jersey, they face serious and life-altering consequences including jail time, losing custody of the child, supervised visitation, or, in extreme cases, even permanent termination of their parental rights. The court will prioritize the best interests of the child in making these determinations. The parent may face proceedings in family court, which handles issues of custody, visitation, and parental rights, as well as criminal charges against them, potentially leading to imprisonment and fines. In order to be convicted, the parent (defendant) must be found guilty beyond a reasonable doubt for each element of the crime.

If You Believe Your Children Are in Danger With Your Ex, Documentation is Critical

If you believe that your child is in danger with your ex, is it critical that you document each and every one of your concerns, as this documentation can serve as essential evidence if a family court proceeding becomes necessary. If something happens or you notice anything that raises a red flag, write down the date, time, and a detailed description of the occurrence. Any physical or tangible evidence available is important to preserve like photos, witness statements, emails, or text messages.

Act Quickly with These Essential Steps to Ensure Your Child’s Safety and Well-Being

You cannot wait to take legal action if you have reason to believe your child is in harm’s way. In fact, if you ignore signs of neglect or abuse, then you could also be culpable if a court finds that you allowed it to happen without taking action to protect your child.

Typically, the first step is to petition the court for a modification of your custody or visitation agreement. You might request sole physical custody and supervised visitation or some variation of this. An experienced family law attorney at Bronzino Law Firm can help you with this process and help you to determine the appropriate request to make to the court. If you believe your child is at risk of imminent harm or the situation is very serious, you can request an emergency order to change the custody arrangements, which will expedite the process and potentially grant you temporary sole physical custody and/or supervised visitation until a full court hearing can be held to determine the long-term solution.

An additional option is to contact Child Protective Services, which is known in New Jersey as the Department of Children and Families (DCF), specifically the Division of Child Protection and Permanency. They can investigate the allegations and take steps to remove the child from the situation, if necessary. However, for parents who share some form of custody, this option should not replace taking action in family court, where you can advocate for your child and your own rights as a parent.

Finally, if you believe your child is in serious danger and needs immediate help, call law enforcement right away before filing for an emergency custody order.

Take Immediate Action to Preserve Your Child’s Safety with our Family Lawyers in Red Bank and Southern New Jersey

Navigating the legal process can be complicated and sometimes frustrating, especially when you are worried about your child’s safety and wellbeing but feel that you have no other choice but to allow your ex to take your child during their allotted time. A knowledgeable New Jersey family law attorney at Bronzino Law Firm can help you to understand your rights, collect necessary evidence and information, and advocate on your child’s behalf through the legal system. When time is of the essence, our dedicated child custody lawyers can help you to file an emergency petition to ensure that your child is safe while you wait for a full court hearing. To receive a free consultation with one of our experienced family law attorneys, please contact our law offices today at (732) 812-3102  or reach us online. When you need assistance in Sea Bright, Red Bank, Toms River, Tinton Falls, Eatontown, Berkeley, Freehold, or elsewhere in Ocean and Monmouth County towns, our team is here for you.