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.
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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.
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