QUESTION

Can I just leave my home and come back to get my child back

Asked on Feb 07th, 2013 on Divorce - New Jersey
More details to this question:
I can't afford a lawyer right now. So I was thinking bout leave my house( husband n son) go to work n get a lawyer. Would that affect me if I want to get my sons custody in the future?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Leaving your house may affect your ability to get custody in the future.  Even if you leave the house, you must make sure that you stay in touch with your son, regularly visit, stay active in his life and be sure that he knows how to get in touch with you at all times.  You do not want a claim that you "abandoned" him or that you are and unfit mother.  You may also be able to do a pro se (without a lawyer) application to decide custody and/or visitation before you leave, or just after you leave.  The New Jersey Judiciary website has pro se packets available on line.  Scroll all the way to the bottom and look through the paperwork and see if there is something that you can file before you file for divorce that wold give you support, and custody.  Its called pendente lite relief.  Good luck.
Answered on Feb 07th, 2013 at 12:59 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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