QUESTION

Can I file for custody in a different county before a TRO hearing in a different county that may affect custody?

Asked on May 14th, 2020 on Child Custody - New Jersey
More details to this question:
I have a TRO in a different county then I live in currently with my daughter, right now I have temporary full custody. I wanted to know if I can file for full custody right now I’m the county I currently live in. I was wondering if that would also delay her father from seeing her longer because I am concerned for her safety.
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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A temporary restraining order was entered by a judge in one county in your favor, which temporary restraining order also gave you temporary sole custody of your daughter. And, since the entry of that temporary restraining order, you are now staying in a different county and want to know if you can file an application with the court for continued sole custody of your daughter. The short answer is that there is nothing that precludes you from filing that proceeding as part of a divorce matter (FM proceeding) or through a complaint for custody (FD proceeding). The bigger picture though is what are you looking to accomplish?  Are you afraid that the other parent will be abusive to your daughter if he is given unsupervised parenting time with her or are you looking to prevent him from having any contact with his daughter? If you are looking to put in place a supervised parenting time setting for him with  your daughter, you would need to show a court that he has engaged in behavior that is directly harmful to her and that would put her at risk. The fact that you have filed a domestic violence complaint against him because he has engaged in behavior directed towards you that violates the domestic violence laws, does not automatically mean that he would do anything harmful to your daughter. If you believe that you have facts to support a claim that he poses a danger to your daughter if he is left unsupervised with her, then you have a right to seek restrictions on his parenting time with her. Alternatively, are you seeking sole custody because you do not believe that you and he can talk constructively about important decisions for your daughter and therefore your focus is on the decision making ( as opposed to parenting time)? In that setting, especially if there is a final restraining order entered in your favor, you are in a stronger position to argue for sole custody but again be prepared to present proofs as to the inability to communicate constructively on important issues in your daughter’s life.   
Answered on May 15th, 2020 at 8:10 AM

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