Legal Question in Family Law in New Jersey
Change of PPR
I am currently the PAR for my two sons, 7 and 11. My eldest son, received 3 F's and 2 D's on his last report card. His mother was home and not working during this marking period. Last year, my ex let me come over three times a week and help him with his education. I work with him on the weekends but it is not enough. Both boys want to come with me during the week and go to school in my resident area which is a much better school district. They want to because their daddy is a teacher a helps them succeed. Now my ex is working and not home with the kids at least three days afterschool. Reports from the teacher are even worse. Is my eldest old enough to testify? My original custody case, the court appointed psychologist chose me but the judge picked my ex. Is this enough to overturn it? My eldest son is drowning. What should I do?
2 Answers from Attorneys
Re: Change of PPR
How long ago was the custody case in which the mother obtained custody? If quite recently then it is unlikely that the Court will change since the standard is whether there has been a significant change in circumstances involving the children from the time of the original Order. If it was some time ago, a year or more, then the Court might well consider your application. Why did the original judge go against the psychologist's recommendation? Did the original judge place his/her findings on the record (in Court) or in writing? As you can tell, no short response can answer your questions. You should seek a qualified family law attorney in your area and have a consultation. Good luck!
Drew M. Hurley, Esq.
(908) 429-1118
Re: Change of PPR
I concur with the answer given by my colleague, but would like to expand it slightly. It seems to me, based on what you have provided, that you would be able to create a strong "substantial change" argument if you can show the slide in grades. Also, since your wife was formerly home more and now, she is not, that also would be a change (although we need to be careful in that regard: Courts will not penalize working mothers, and rightfully so). In any case, you need to immediately seek competent counsel to assist you. Feel free to call me at 856-546-8010, for a free one hour consultation. Good luck! Rob Gleaner
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