Legal Question in Family Law in New Jersey

My 10 year old step daughter

I was just wondering, In the state of NJ what is the age where a child can voice where they aould prefer to live?

My 10 year old step-daughter would prefer to be here with her father and I in NC, however her mother is forcing her to stay in NJ. My step-daughter states that her mother does not care, no food in the house, no clean cloths, her and my step-son are always in their room because their mother prefers to spend her time with her boyfriend. They also have bed bugs and their mother does nothing about it.

At what age can she give her thoughts as to where she prefers to be and to also express her reasons why?


Asked on 1/05/07, 2:11 pm

3 Answers from Attorneys

Re: My 10 year old step daughter

These are all reasons why your husband can petition the court for a change in custody. If the living conditions are unsanitary, then DYFS can be involved.

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Answered on 1/05/07, 2:18 pm
Gary Moore Gary Moore Attorney At Law

Re: My 10 year old step daughter

Usually a ten year old's preference does not have a great deal of weight, but the reasons for her preference have great weight.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/05/07, 2:18 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: My 10 year old step daughter

I would suggest you use what she says to file a motion for custody and removal. Its the right thing to do. I suggest you get an attorney to handle this a this type of motion is not easy, even with these allegations.

My initial consultations are always free so call me at 732/247/3340 to discuss your case.

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Answered on 1/05/07, 10:18 pm


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