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Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

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    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
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    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
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I am the child's relative (aunt/grandparent/cousin/etc). Can I get custody of the child?

All Family Law FAQ’s | NJ Child Custody FAQ’s

Q) I am the child’s relative (aunt/grandparent/cousin/etc). Can I get custody of the child?

A) Probably not. A court determines who should have custody based on what a judge thinks is in the best interest of the child. There is a very strong presumption that living with one or both parents is in the best interest of the child. Therefore, generally, a court will not award custody to another relative unless the court finds that both parents are “unfit” to take good care of the child. However, a relative may be able to get temporary custody of the child if neither parent is able to take care of the child at that time and neither parent objects.
Next > How will a judge make a decision about custody?

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