Legal Question in Family Law in New Jersey

Abusive Home Enviorment

I am the father of two girls ages 14 and 8. I ahve been married for 16 yrs and now am planning on divorce. My wife is emotionally, mentally and physically abusive to both kids but especially the older one. She though has been the ''primary Caregiver'' since she refused to work outside the home. I need to know my options and likelyhood of removing my children from her in either a divorce or legal seperation. She has already stated she doesn't care if the older child leaves but will fight for the younger.


Asked on 7/24/07, 5:02 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Abusive Home Enviorment

You really need to sit down with an attorney for at least a good half hour. There are way too many issues going on here for anyone to give you an answer on this site, at least a meaningful one.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case and then I can give you all of your options and you can decide which ones to take.

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Answered on 7/24/07, 5:21 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: Abusive Home Enviorment

These types of cases are fact sensitive and require a careful analysis and preparation.

In the past a father had less chance of prevailing against a mother who had been a primary caregiver for an extended period of time. Today the answer is different (my partner just won such a case) and a lot depends on the facts to be presented at trial and the opinions of expert witnesses. The cases can be time-consuming and quite expensive and you should be prepared for what may be a long journey but it may be what needs to be done to prevent abusive treatment of the children.

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Answered on 7/24/07, 6:13 pm
Gary Moore Gary Moore Attorney At Law

Re: Abusive Home Enviorment

The Court will award you custody of both of your children if it appears that the mother is abusive

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/25/07, 10:56 am


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