QUESTION

How hard will it be to get a change of custody?

Asked on Dec 02nd, 2013 on Child Custody - New Jersey
More details to this question:
Can I get custody of my child if the mother doesn't provide a stable home and I can? I am concerned about the development of my two year old and the life he is living. His mother has two other kids before ours and is pregnant with her fourth. Apparently she was living in her car and CPS was called. She is now living in a small apartment with several other people and my child is contained in a playpen. I can give him a stable home and his own room and adequately provide for him, something she fails to do as she lived off child support and the government and always asks for additional only because she refuses to work. Will it be a challenge to get a change of custody if reports have been made to CPS?
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5 ANSWERS

Bruce Provda
If CPS says she's an unfit mother then it should be easy.
Answered on Dec 05th, 2013 at 9:42 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Look, all you can do is ask. Based on what you said, it is likely that you can get primary custody. But the only way you will know for sure is to hire a local attorney and make your best case. You can try doing it on your own, but if you want your best chance of getting custody, you should hire an attorney.
Answered on Dec 05th, 2013 at 9:42 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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It should be much easier to get custody given the situation you describe. In addition to filing an action in the district court you should get involved in the action CPS is taking.
Answered on Dec 05th, 2013 at 9:42 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need an attorney and if the circumstances are as you state a change in custody might well be the decision of the Court.
Answered on Dec 05th, 2013 at 9:41 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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It will be easier if you move quickly. You should approach CPS and the courts immediately and offer to take custody of the child. Petition the court.
Answered on Dec 05th, 2013 at 9:38 PM

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