QUESTION
What do I need to do in court for my child custody hearing?
Asked on Sep 23rd, 2012 on Child Custody - New Jersey
More details to this question:
I am currently married to my wife but I left her because she doesn’t take good care of the kids. She goes out to clubs and parties and comes back late in the morning so I moved and starts living by myself. Recently she took me for child support but I have been taking care of my son even while we are separated. My question is what do I need or to do in court because I have court tomorrow.
10 ANSWERS
Dennis P. Mikko
Through witnesses and other admissible evidence, you need to be ready to show the court that the children are better off in your care. Once a custody arrangement is determined, child support will be determined based on the income of the parties and the number of overnights each party has.
Answered on Sep 25th, 2012 at 11:32 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is probably too late for tomorrow, but you need to file a motion to modify support and give you custody. Raise the issue in court tomorrow.
Answered on Sep 24th, 2012 at 5:57 PM
Tamara Marie Chin
You have the child so why are you paying support to wife?
Answered on Sep 24th, 2012 at 5:57 PM
Steven D. Dunnings
Hire an attorney.
Answered on Sep 24th, 2012 at 5:56 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Court tomorow? Good luck with that. You should have an attorney with you.anytime you go to courtespecially when losing can cost you over a fifteen year period $40,000 and more!
Answered on Sep 24th, 2012 at 5:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if you do not she will win by default and you will be at a great disadvantage during future proceedings. This is serious, get an attorney - what you are doing will have a significant effect on the rest of your life.
Answered on Sep 24th, 2012 at 5:55 PM
Leonard A. Kaanta
I can't answer your question because I need more information.
Answered on Sep 24th, 2012 at 5:54 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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First of all, read the provisions of Florida Statutes 61.13(3), and be able to expound upon the most important factors. You are requesting primary residential care parent status. Everything has to be done correctly, you have to have all your ducks in a row. Get prepared to tell the court why, from the factors in the statute, you should have the child.
Answered on Sep 24th, 2012 at 5:53 PM
Suzanne H. Lombardi
In Alaska custody is presumed (the court starts at) 50/50. In order to show that you should be the primary custodian (the parent with over 110 overnights a year) you will need to show the court why they should vary from the 50/50%. It is hard for me to tell you what to say in court tomorrow without more facts. If she is getting child support then she must be the custodial parent, maybe. Your best bet would be to find an attorney that can help you through this hearing because it is very important.
Answered on Sep 24th, 2012 at 5:52 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The parent who is determined to be the custodial parent, or the parent of primary residence will receive child support from the other parent. The child support determination does not mean that you have not provided support. What it means is that you will pay support in proportion to your income and pursuant to the child support guidelines promulgated by the Supreme Court. Bring your 3 most recent pay stubs and your tax returns.
Answered on Sep 24th, 2012 at 5:51 PM