New Jersey Child Custody Legal Questions

Thank you for your question.In order to modify the custody arrangement, your ex-husband will need to file an application with the Court requesting a change in custody.  He must show that there has been a substantial change in circumstances that warrants a change in custody and that a change in custody is in your son’s best interest.  Your son’s desire would only be one factor that a Judge may take into consideration.  Given your son’s age, it would be the discretion of the Judge whether he would even consider your son’s desire.   I suggest that you meet with an experienced family law attorney who can assess your situation and devise a plan to help you achieve your goals. I hope this information was helpful to you.... Read More

I suggest that you consult with a family law attorney who can file a motion with the court on your behalf to enforce your visitation schedule, have her reveal the location of the children, and establish a phone contact schedule with the children, at the very least. If she continues to disregard court orders, you can consider a request for a change in custody as well. You have rights, and you can and should enforce them in court. ... Read More

Thank you for your question.  I know how worried you must be about the custody of the child over whom you have custody.    The short answer is that you should immediately contact an experienced family law lawyer to ensure that your rights are protected.  Both Pennsylvania and New Jersey have adopted the Uniform Child Custody Jurisdiction Act as well as the Uniform Continuing Child Custody Jurisdiction Act which both detail in great length which state will have jurisdiction over child custody matters when parents and caretakers reside in different states.  As the legal custodian/guardian you should continue to have legal “standing” and be notified of all court proceedings regarding the child so that you can participate in any and all court proceedings.  An experienced family law lawyer can explain the various statutes and how they apply to your case.   In New Jersey, in all cases involving the health safety, and welfare of a child, the court must always determine the best interests of the child.  The court can award custody of a child to either biological parent or in certain circumstances,  to caretakers, such as yourself.  Custody is comprised of both “legal” and “physical” custody.  The court must apply several factors to determine the best interests of the child while weighing the rights of both parents and the “caretaker” as well as the right of the child to continuing and frequent contact with both parents and the “caretaker”.  Among those factors are  the fitness of the parents and caretakers as well  as the safety of the child when in each parent’s care and custody, and the needs of the child(including emotional and medical needs).  It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and the child’s interests are protected.     I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about the custody of your granddaughter.  The short answer is possibly and you should immediately contact an experienced family law lawyer.  In New Jersey, in all cases involving the care and custody of a child, the court must always determine the best interests of the child.  In cases involving the Division of Child Protection and Permanency, there are very time sensitive deadlines.  In order to be “heard” by the Judge presiding over the DCPP matter, a very complicated Motion must be filed that would grant you permission to participate in the proceedings.  It is important to protect your interests and have  an experienced family law lawyer advocate for your interests and ensure that both you and your granddaughter’s best interests are protected.  I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about the custody of your daughter.  The short answer is possibly and you should immediately contact an experienced family law lawyer.  In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child.  Custody is comprised of both “legal” and “physical” custody.  The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents.  The court will consider the distance between the parents’ home, the work responsibilities of both parents, as well as the interaction the child has had with both parents, both before and after the parents’ separation.   It is important to protect your interests and have  an experienced family law lawyer advocate for your interests and ensure that both you and your daughter’s safety are protected.  I hope this information was helpful to you.... Read More

You should really have a consultation with a family law attorney to review the facts of your case. There are legal requirements you would have to prove and it needs a fuller conversation that you can get in this forum. That being said, with the right circumstances you can change custody. Please consider seeing an attorney to discuss this. ... Read More

Where is the aunt? Are you able to get in contact with her? In order to get full custody and make most decisions about the child you will have to go through the legal system. Most places will accept the Notarized letter while others will not. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 ... Read More

How old is the child? Find out who he wants to live with and give them permission in writing to be the temporary guardian of your child if they are willing to accept the responsibility.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

I am assuming that the children do not visit you if they did you could have filed a court order when they are with you so you can increase your chances of getting custody. Otherwise, having an out-of-state custody battle will be expensive and time-consuming. You should get in touch with a lawyer and go over all your available options.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Hi and thanks for your question. Your pick-up and drop-off situation sounds terribly frustrating and I'm sorry you're going through this! The good news is that you and your child's mom are in agreement. Your first step is to get to an attorney or a great mediator so that the two of you can put together what is called a consent order. In that consent order you would have the new terms for pick up and drop off of your daughter as you guys have worked it out. That consent agreement would then be filed with the court and signed off by the judge. It should be a fairly easy process. For WHERE you should file your agreement: it depends. If you already have a court order that lays out custody, parenting time, etc. then go back to that court. If you don't, you would file where your daughter has been living for at least the last six months. Jusrisdiction questions can get a little tricky, so definitely speak with an attorney about this. I'd start with a consult in New Jersey and go from there. If NJ is not the right state, the attorney can tell you that immediately and give you good guidance on what to do next. Many family law attorneys offer free consults as we do. Hope this was helpful! Regards, Bari... Read More

There is no way to say yes or no based on the little information, but it seems highly doubtful that a great aunt with no involvement in your daughter's life is going to gain custody unless there are major issues in your parenting and then it is likely that DCP&P ("DYFS") would be involved.... Read More

No one can really answer from this small amount of information. However, if you are receiving treatment, are on medications and have your condition under control then there should be no reason for him to be able to show you can't care for your children. Simply having a disorder is not a reason as long as your condition is being appropriately taken care of.... Read More

There are no regulations regarding visitation. Obviously a six month old is not going to be able to fly alone to see you in Arizona. Therefore, it is likely that you will have to prepare to see her probably in NJ until she gets older, or arrange to have her picked up by you and flown out to AZ and returned the same way. But these solutions always vary depending upon the facts and circumstances of the parties.... Read More

You will probably need to go back to court to file either to enforce an existing court order or to modify it. You can inform the court of the other parent's refusal to abide by the schedule and the court can impose conditions such as "if you don't notify the custodial parent of a change of plans in 24 hours the custodial parent can suspend the visit or some other type of restriction or suspension of visits.... Read More

Sometimes it takes longer than you think if the pawyer is backed up.  When I take in a new case, I can't start working on it right away because I have cases from the weeks before that I haven't gotten to.  If you have questions, call the lawyer's secretary and ask the status of filing of your matter.  You are entitled to know.  Good luck to you.   ... Read More

The person who isn entitled to claim the child on the taxes is in the property settlement agreement and/or judgment of divorce.  Sometimes its split with the parents taking every other year.  Sometimes its the parent who has custody.  It should be in your settlement agreement or judgment what you need to do. ... Read More

You should ask the court for the appointment of a guardian ad litem to determine what is in the best interests of the child.  A disabled child may need his own advocate n the court.  If there are special care needs the other parents is unaware of, then its not best for the child to be with that parent.  ... Read More

Hello and thanks for your question. You bring up several issues that you are experiencing, including custody (both legal and residential), relocation and child support. To answer you as best I can in this public forum, you are always free to file a motion with the court seeking a change in custody. However, you have the burden to prove to the judge that a change in custody in in your child's best interests and, since you already have an order for custody in place, you have to show that there has been a significant change in circumstances since that order was put in place. The court is more than likely going to keep in place the joint legal custody finding. Joint legal custody means the two of you have equal and joint decision-making abilities for the big decisions in your child's life such as major medical and education decisions. 9 times out of 10 joint legal custody is awarded. With regard to residential custody, it appears as though what was to be a joint residential custody has shifted, with you having the child more that 50 percent of the time, and this would be your argument to the court in your request to become the parent with residential custody. Again, is this in your child's best interests? The court will examine this and make a decision. With regard to relocating out of state: your ex cannot, on her own, move to Pennsylvania without either your written permission or the permission of a New Jersey family court judge. Relocation cases are not the same as custody cases and simply having custody does not mean you have the right to leave New Jersey with your child without the proper permission. She would have to file for permission to relocate and there would be a hearing. She would have the burden to prove the move is in your child's best interests in that hearing. Lastly, child support would be calculated using the NJ Child Support Guidelines. If there is a change in custody then new guidelines will be run to reflect the change in overnights. I recommend at least a consult with a family law attorney in your area. We have a statewide practice, but many other family law attorneys also offer free consultations as well. I wish you luck and hope this was helpful. Regards, Bari.... Read More

It is unlikely that the father is going to be able to get custody with the father's record that you describe. However, you don't mention why you have a TRO, why hasn't it been converted to a Final Restraining Order? If you have a final order you may be able to include your son, if the father has been abusive toward's your son.... Read More