QUESTION

Is the evidence I found enough to get a change in custody?

Asked on May 03rd, 2021 on Child Custody - New Jersey
More details to this question:
I took pictures of messages sent from the fathers phone about being in possession of multiple different illegal drugs and weapons.
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. I understand how concerned you must feel. More information is needed from you to be able to properly assess your inquiry, however, given what you encountered, should you believe that your child is immediate danger, you can contact Child Protection and Permanency (DCPP) and file an emergent application for custody with the court. I would strongly suggest that you contact a family law custody attorney to be able to guide you accordingly.  
Answered on May 05th, 2021 at 11:19 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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If I understand your question correctly, your ex has physical custody of your child ( presumably pursuant to a court order) and you went through your ex's cell phone and found text message material that you copied / took pictures of and now you want to file an application with the court seeking a change in the custody plan to give you primary physical custody of your child and the "change" is that you now have information suggesting that your ex is in possession of illegal drugs and illegal or illegally obtained weapons.  For the moment, let’s put aside how you obtained this information and let’s put aside what a judge would do with this information if presented to him, what has changed in your life to warrant a change in physical custody of the child? A prior order or agreement gave him physical custody of your child. Either you and your ex agreed at the time that it was best for your child or a court found that it was best for your child that he has physical custody and now you want that changed - what has changed in your life to support the conclusion that you would now be the better primary custodial parent? Simply saying that he is doing something illegal does not mean that you automatically win or are deemed the better parent. My suggestion is that you sit down with an experienced family law attorney and review the prior court order / agreement and your new information to discuss your options.   
Answered on May 04th, 2021 at 6:03 AM

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