New Jersey
How do I file for custody in New Jersey?
Quick answer
Parents who are not divorcing start a New Jersey custody case by filing a non-dissolution (FD) case. The Judiciary’s kit CN 11492 contains the Verified Complaint or Counterclaim (Form A), which is filed with the Family Division in the county where the child lives, along with a Confidential Litigant Information Sheet (CN 10486). Parents who are divorcing raise custody in the divorce (FM) case instead.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What you file
On Form A you check each request you want heard, list the children and where they live, and explain your reasons, then sign a certification that the statements are true. If you ask for child support you also file the Financial Statement for Summary Support Actions (CN 11223). The court’s self-help page lists a Certification of Non-Military Service for custody, parenting time or visitation requests.
The Judiciary lists no fee to file an FD case with CN 11492, and you can file through JEDS, at the county courthouse, or by mail.
After you file
The court sends the other party a Notice to Appear and copies of your papers, and can serve them by certified and ordinary mail (R. 5:4-4(b)). In initial FD cases where custody or parenting time is sought, both parties attend the non-dissolution education program and a consent conference (R. 5:8-7). A genuine and substantial custody dispute is referred to mediation, except where a domestic violence order is in effect (R. 1:40-5(a)).
The other party is not required to file a response to be heard on custody, parenting time and support at the hearing (R. 5:4-3(b)), but the kit says appearance is mandatory.
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.