Legal Question in Family Law in Delaware

Re: Modifiying Custody Order

It is not clear how this modification occurred. You should have been given notification of an application to change the custody arrangement and an opportunity to be heard. If that did not happen, you would need to take some action for a rehearing. In any case, you need to file the appropriate action to obtain the relief you are requesting. This may be in Delaware or it may be in New Jersey. I can't tell which by the information that you have given. However, you need to take quick action. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner

Re: Modifiying Custody Order

These are always sticky situations. I agree with Mr. Gleaner that you should have gotten notification of any court hearing in DE. Since the child lives in DE, I would suggest you contact a DE attorney.

Re: Modifiying Custody Order

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, it seems as though you had a decent arrangement with the New Jersey Court and then something happened to change it. Without a clear explantation as to why the Delaware Court revoked your joint custody status, it is difficult to properly advise you. However, Delaware should have given you notice of the hearing and a right to be heard. Whether or not this occured is not the issue at this point - if you wish to regain joint custody, you can file the approriate pleadings in New Jersey and fight for the right to see your children. The current arrangement sounds very unfair and it stands a chance at being modified. If you wish to provide more details and facts, I can be reached at 908-537-7975.

Good Luck!