How to File for Custody in New Jersey

Which case you file

If you are not married to the other parent, or are married but have not filed for divorce, custody and parenting time are requested in a non-dissolution case on the FD docket. If you are divorcing, custody is decided inside the divorce (FM) case. The FD kit tells you not to use it if you have filed for divorce or are divorced from the other party, if you have an active domestic violence restraining order with the other party, or if you already have a Family court case with the other party that you want to modify.

Filing an FD case

A non-dissolution action starts with a verified complaint on the form promulgated by the Administrative Director of the Courts (R. 5:4-2(i)). The Judiciary’s How to File a Non-Divorce Application for Custody, Child/Spousal Support or Parenting Time (Visitation) - Non-dissolution “FD” Case (CN 11492) (revised 09/03/2019) contains that form and lists these steps:

1. Verified Complaint or Counterclaim (Form A). You check a box for each request (custody, parenting time, child support, paternity and others), because only the boxes you check are considered at the hearing. You list the children, where and with whom they live, any earlier family court cases, and whether a child protection agency has been involved, and you explain the reasons for your request.
2. The other party’s address. The court sends a Notice to Appear and copies of your papers to the other party. If you do not know a current address, the kit directs you to the Certification of Diligent Search (CN 11490). See the service guide.
3. Confidential Litigant Information Sheet (CN 10486 (revised 11/2024)). R. 5:4-2(g) requires it with all initial dissolution and non-dissolution pleadings. It is filed separately and not served on the other party.
4. Financial forms, if support is requested. The Financial Statement for Summary Support Actions (CN 11223) (revised 09/2025) if you ask for child support, and the Family Case Information Statement (CN 10482) if you are married and ask for spousal support.
5. Other forms when they apply. The court’s self-help page lists the Certification of Non-Military Service for custody, parenting time or visitation requests, and, when asking for child support or paternity, the Certification in Support of Establishing Paternity and the child support application at njchildsupport.gov.

Form A ends with a certification that the statements are true and that you are aware you are subject to punishment if any are willfully false. The kit says to file in the county where the child of the custodial parent resides. The court’s self-help page lists three ways to deliver the forms: JEDS, delivery to the county courthouse, or mail. Its fee page lists no fee to file an FD case with CN 11492; the $6 child support services fee applies only if you ask for child support.

What happens after you file

• Education program and consent conference. In all initial non-dissolution cases where parents or caregivers seek custody or parenting time, the parties must attend the non-dissolution education program and a consent conference (R. 5:8-7). If the case resolves, a consent order is prepared for the court; if it does not, or a party fails to appear or cooperate, the case is scheduled before the court.
• Mediation. A genuine and substantial custody or parenting time dispute is referred to mediation, subject to the domestic violence exceptions in R. 1:40-5(a). See the mediation guide.
• The hearing. The kit tells both parties that their appearance is mandatory, and tells the receiving party that if they fail to appear an order granting the relief requested may be entered.

If you were served with an FD complaint

The court’s self-help page says you have the right to file a response and may file a counterclaim asking for other changes, but you are not required to respond and the case will proceed anyway. Under R. 5:4-3(b), in summary actions with a hearing date, the defendant may file a responsive pleading no later than 15 days before the hearing, and is not required to file one to be heard on custody, parenting time, visitation, child support and related issues. A counterclaim uses the same Verified Complaint or Counterclaim form, and in any action involving a child it must give the child’s name, address, date of birth, and where and with whom the child lives (R. 5:4-2(d)).

Custody in a divorce (FM) case

In a divorce, custody claims are part of the complaint or counterclaim, which must include each child’s name, address, date of birth and a statement of where and with whom the child lives (R. 5:4-2(a)(2)). Each party’s first pleading must attach an affidavit or certification of insurance coverage (R. 5:4-2(f)) and a certification that the party has been informed of complementary dispute resolution alternatives (R. 5:4-2(h)); self-represented litigants use CN 10889.

A defendant served with a divorce complaint generally has 35 days to answer (R. 4:6-1(a)), or may file a general appearance and be heard on custody, parenting time, child support and other incidental issues without filing an answer (R. 5:4-3(a)). The Judiciary’s divorce response page lists a $175 filing fee for the response.

Where custody, visitation or support of a minor child is an issue in a divorce, nullity or separate maintenance action, the court orders the parties to attend the Parents’ Education Program, at a $25 registration fee each, unless it exempts a party for good cause or a domestic violence or other no-contact restraint applies (N.J.S.A. 2A:34-12.5).

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• R. 5:4-2, complaint and counterclaim
• R. 5:4-3, answer, acknowledgment, appearance
• R. 4:6-1, time to serve an answer
• R. 5:8-7, non-dissolution education program
• R. 1:40-5, mediation in Family Part matters
• N.J.S.A. 2A:34-12.5, Parents’ Education Program
• CN 11492, non-divorce application kit (Verified Complaint or Counterclaim)
• CN 10486, Confidential Litigant Information Sheet
• CN 11223, Financial Statement for Summary Support Actions
• CN 10889, Self-Represented Litigant Certification of Notification of CDR Alternatives
• NJ Courts, file a non-dissolution case
• NJ Courts, responding to a non-dissolution complaint
• NJ Courts, consent conferences
• NJ Courts, FD filing fees
• NJ Courts, responding to a divorce complaint