Legal Question in Family Law in Alabama

Child Custody

I am writing this question regarding my husband who lived in alabama and his children reside with his exwife in alabama, his children are 13, 16, and his exwife been remarried for years and there having alot of domestic problems rite now, the children are gonna be comming to live with me in newjersey in another month and there gonna be staying with there dad months to come, my question is if the children live with there dad for quite some months which he might go for custody in due time due to the fact alot of domestic reports with cops involved does the father have to pay child support to his exwife if the children are living with him? we would love to know the law on this and please get back to us about this. the children will be up to live with us in a month..

thank you


Asked on 5/20/03, 8:53 am

2 Answers from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Child Custody

In order to establish a right to apply for custody and a change in support the children will have to reside in the state of New Jersey for 90 days. After that you can apply to the New Jersey Courts for custody and to have his ex-wife pay support (if they are living in New Jersey). I would suggest that you contact an attorney and hire one so they can help you. Feel free to call my office at 856-489-8888.

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Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship

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Answered on 5/20/03, 9:28 am
Bruce Matez Gerstein Grayson, LLP

Re: Child Custody

Most likely, Alabama law controls at this point in time. However, once the children are permanently in New Jersey for more than 6 months, New Jersey may obtain jurisdiction over these issues. In most states a party who has custody of the children is not required to pay child support to the other parent, but it is a fact sensitive issue and depends upon the circumstances. If you would like to further discuss this, please feel free to contact my secretary, Debbie, to schedule a consultation. 856-795-6700.

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Answered on 5/20/03, 3:48 pm


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