Everything Cherry Hill parents need to know about starting a custody case in Camden County — from the first form to your first hearing.
Find A LawyerIf you're a parent in Cherry Hill facing separation, divorce, or a dispute over parenting time, figuring out how to file for child custody can feel overwhelming. New Jersey's family court system has its own forms, deadlines, and local practices, and Camden County's Superior Court runs custody matters a little differently than courts in other parts of the state. This guide walks you through the entire process — what to file, where to file it, what it costs, and the mistakes that trip up self-represented parents most often.
To file for child custody in Cherry Hill, NJ, you'll file either a Non-Dissolution (FD) complaint if you were never married to the other parent, or include custody as part of a divorce (FM) complaint if you are married. Cases are filed with the Camden County Superior Court, Family Division, located in Camden. You'll need a Certification of Insurance Coverage, a proposed Parenting Plan, and — in most cases — a Confidential Litigant Information Sheet. Filing fees generally run between $25 and $50, though fee waivers are available for parents who qualify based on income.
The exact paperwork you need depends on whether custody is being decided on its own or as part of a divorce. Below is the general path most Cherry Hill parents follow.
Tip: Even in an uncontested case, having a New Jersey Family Lawyer review your parenting plan before you file can help you avoid delays caused by incomplete or inconsistent paperwork.
New Jersey courts decide custody based on the best interests of the child standard, not on which parent files first or which parent earns more. Judges weigh factors such as each parent's ability to communicate and cooperate, the child's relationship with each parent, the child's needs, and, where appropriate, the child's own preference.
New Jersey recognizes two distinct types of custody, and most orders combine elements of both:
| Custody Type | What It Covers |
|---|---|
| Legal Custody | The right to make major decisions about a child's education, healthcare, and religious upbringing. Often shared jointly even when physical custody is not. |
| Physical (Residential) Custody | Where the child primarily lives and the day-to-day parenting time schedule between both parents. |
| Joint Custody | Both parents share legal and/or physical custody responsibilities, with a defined parenting time schedule. |
| Sole Custody | One parent holds primary decision-making authority and/or physical custody, typically awarded when joint arrangements aren't workable. |
Custody statutes and procedural rules for New Jersey families are outlined by the state judiciary; you can review official guidance directly through the New Jersey Courts self-help center for child custody and support.
National and state family court data offer useful context for what to expect:
Filing costs are only part of the financial picture. Here's what Cherry Hill parents commonly budget for:
| Expense | Typical Range |
|---|---|
| Court filing fee (FD or FM complaint) | $25 – $50 |
| Service of process | $50 – $150 |
| Mediation session (if not court-provided) | $100 – $300 per session |
| Attorney representation (uncontested) | Varies by firm and scope |
| Attorney representation (contested) | Varies significantly with case complexity |
| Custody evaluation, if ordered | Varies by evaluator |
For a deeper look at how long these cases typically take from filing to resolution, see our related guide on how long a child custody case takes, and our broader walkthrough of how to file for child custody in New Jersey generally.
How do I start a custody case in Cherry Hill, NJ?
You start by filing either a Non-Dissolution (FD) complaint or including custody within a divorce (FM) filing with the Camden County Superior Court, Family Division, along with the required forms and filing fee.
How much does it cost to file for custody in New Jersey?
Filing fees generally range from $25 to $50, though additional costs for service of process, mediation, or attorney fees can add up depending on whether the case is contested.
Do I need a lawyer to file for custody?
No, parents can represent themselves in New Jersey family court. However, custody cases involve strict procedural rules, and many parents choose to consult an attorney to avoid costly filing errors or an unfavorable parenting schedule.
What's the difference between legal and physical custody?
Legal custody covers decision-making authority over a child's education, healthcare, and upbringing, while physical custody determines where the child primarily lives and the day-to-day parenting schedule.
How long does a custody case take in Camden County?
Uncontested cases can resolve in a matter of weeks, while contested cases involving mediation, evaluations, or trial can take several months or longer.
Can I change a custody order later if circumstances change?
Yes. New Jersey allows parents to request a modification of an existing custody order when there has been a substantial change in circumstances affecting the child's best interests.
What happens if the other parent won't respond to the custody filing?
If the other parent cannot be located, the court may allow the case to proceed after a documented diligent search; if they're served but simply don't respond, the court can move forward without their participation.
Is mediation required before a custody hearing in Cherry Hill?
Camden County courts commonly require custody mediation before scheduling a contested hearing, giving parents an opportunity to reach an agreement outside of trial.
You can also review New Jersey's underlying custody statutes and general legal framework in our child custody law overview, or browse our broader family law blog for related topics like support, parenting time, and divorce.
Custody cases move faster and go more smoothly with the right guidance behind you. Whether you're just starting the filing process or dealing with a dispute over an existing order, connecting with an experienced local attorney can make all the difference. If you're outside Cherry Hill, you can find family law help in these nearby New Jersey communities too:
Find A LawyerLegal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Laws and court procedures change over time and can vary by county and individual circumstances. Reading this content does not create an attorney-client relationship with FindTheLawyers.com or any attorney listed on this site. For advice specific to your situation, please consult a licensed New Jersey family law attorney.
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