DCPP Segway into Custody Litigation


In New Jersey, as in most jurisdictions, the court must consider whether or not a child would be subjected to abuse or neglect in the care of any parent seeking legal and physical custody of the child. Consequently, the outcome of an abuse or neglect case brought by DCPP can be very significant for custody litigation. When a parent has been found by the agency or a court to have abused or neglected child, however, that finding is not dispositive of the custody issue.

Here are a few points to consider when contesting custody, after a finding of abuse or neglect has been made:

1. An agency finding without court intervention can, and often does, indicate an isolated incident that is of no further concern to the agency. Pursue an administrative appeal, if for no other reason than to alert the custody court that you contest the agency finding.

2. The court finding often occurs long after the problem has been remediated. Many times an allegation of abuse and neglect does not reach a fact-finding stage for many months, even a year, into the case. By that time, services have been offered to the family and the problem has resolved.

3. If abuse or neglect allegations arise during the pendency of a custody case, parents’ financial resources often limit them to litigate in only one forum. The parent may stipulate in order to get rid of the agency case and invest resources in the custody case.

Further, the agency is often more willing to be lax in its involvement with the family if the parent stipulates to expedite the process. However distasteful that may be, the reality should be addressed with the custody court so as not to prejudice a litigant seeking custody.

4. The broad, amorphus definition of neglect often makes less-than-perfect parental behavior a violation of law. Many times, parents can persuade the agency to change its finding if the facts of a contentious divorce are fleshed out in a custody case while the abuse and neglect case is ongoing.

5. Sometimes, both parents have engaged in some form of abuse and neglect; however, only one parent is accused and has a finding made against him. That does not prevent the other parent from filing his own Title 9 complaint or raising allegations of abuse or neglect in the custody case. The fact that the agency did not accuse the adverse party of abuse or neglect does not negate its existence.

In sum, do not assume that a finding by DCPP ends the custody case. Many times, it is merely an unfortunate blip on the radar screen that must be explained through custody and parenting time evaluations, custody mediation and trial.

For more information, please feel free to contact us and schedule a consultation.

Allison C. Williams, Esq. becomes a Fellow of the American Academy of Matrimonial Lawyers


Allison C. Williams, Esq., Founder of newjerseyDYFSdefense.com, has just been bestowed the esteemed honor of Fellowship in the American Academy of Matrimonial Lawyers (AAML). Allison has devoted her career to the practice of family law. However, what makes her unique is that she focuses her practice on the litigation of Child Welfare Law matters – custody and parental access issues against the State of New Jersey. The Academy is an elite organization, with only about 1600 members worldwide. To learn more about the Academy, visit the organization’s website page at: http://www.aaml.org/.

The American Academy of Matrimonial Lawyers was founded in 1962, by highly regarded domestic relations attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” There are currently more than 1600 Fellows in 50 states.

The Academy Fellows are highly skilled negotiators and litigators who represent individuals in all facets of family law. These areas include divorce, annulment, prenuptial agreements, postnuptial agreements, marital settlement agreements, child custody and visitation, business valuations, property valuations and division, alimony, child support and other family law issues.

To be represented by a Fellow of the American Academy of Matrimonial Lawyers is to be represented by a leading practitioner in the field of family law. The 1600 AAML Fellows across the United States are generally recognized by judges and attorneys as preeminent family law practitioners with a high level of knowledge, skill and integrity. Academy Fellows enjoy a reputation for professionalism, competence and integrity.

Allison certainly meets these criteria. Congratulations, Allison, on your accomplishment!