Skip to main content

My son is under dyfs . what can i do to get full custody?

Newark, NJ |

my son was under my ex girlfriend boyfriends care and got 2nd degrees burns. at the time i was incarcerated but got discharged. When i came home from jail i went to see my son and i was told he was hospitalize due to him getting 2nd degree burns from scalding . my ex know the name of this individual but doesn't want to give the right name up. her other 2 sons are in foster case and this is her 2nd case with DYFS what are the possibilities of me getting full custody of my sons . i believe shes and unfit mother because she had just meet this person 4 weeks before the incident and let him watch my son and claims to not knowing the name of the guy. but he lived there

+ Read More

Attorney answers 4


I am sorry that your son was harmed. You have alot of work to do but with the right attny and some hard work you may be able to obtain custody, they prefer biological parents, the only probme may be your cirminl record. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


A motion can be filed for a transfer of custody based on the best interests of the child.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


You will likely have to petition the court for custody. As discussed above, the court will decide based on "what is in the best interest of the child." Be sure to keep all relevant documents regarding any medical care that the child has had to undergo (as a record that the current caretaker(s) are not reliable). It is true that courts generally like to see children with their biological parents. However, the parent must establish that they can serve as good care takers. I do not know the details of your criminal history, but I strongly recommend retaining an attorney to represent you.


The key is whether DCPP (DYFS) has filed a case in Superior Court to obtain custody of your child. If yes, you should be named a defendant in that case and make an application for a public defender. The key to getting your son back will be having a plan to parent your child. That's more than just suitable housing (which can be modest). You need to have a specific plan for daycare while you work, the name of a pediatrician, health insurance (NJ Family Care is ok), etc. DCPP has an obligation to reunify the child with parents, if appropriate. Start with the DCPP caseworker, but remember, DCPP is NOT your friend. Be careful with what you tell them. After you make contact, get a lawyer/public defender quickly.

Good luck!

The information posted by the Law Office of Jordan A. Stern on Avvo is not legal advice. Consult an attorney for advice regarding your situation. We invite you to contact us via phone, mail, fax and email. Contacting us or sending us information does not create an attorney-client relationship. Please do not send any confidential information to us until we establish an attorney-client relationship. If you send us information before we establish an attorney-client relationship, that information is not confidential. The Law Office of Jordan A. Stern limits its practice to the State of New Jersey. Office hours by appointment. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Our services related to credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt may involve bankruptcy relief under Title 11 of the United States Code. Thanks. © 2011 Law Office of Jordan A. Stern LLC · All Rights Reserved.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer