Legal Question in Family Law in New Jersey
Child custody
I got divorcced 2 years ago, and re-married 6 months ago, my ex and I have joint custody of our 8 year old son with my ex husband being the primary residence for my son. I have expressed to him that I would like my son to live with me on several occasions & he would not agree. He lives in the finished basement of his brother's house and my son does not have his own bedroom he sleeps on a mattress on the floor in his fathers bedroom, the basement & my son's clothes smell like mold and there is water dripping from the ceiling. My son is just about obese because his father does not cook for him he mostly feeds him mostly pizza and oodles of noodles for dinner. He makes my son shower every third day. I recently found a letter from my sons school that he has missed 20 days of school this year. He has no bedtime and no rules at his fathers house. My ex also confided in me that he has been very depressed and has been guzzling whiskey because he has been so depressed because he doesnt have a woman in his life & then he goes to sleep, while my son is there. I would like to obtain full custody of my son but I hear different things from different people (that they would ask my son where he wants to live). Do you think I could get custody?
3 Answers from Attorneys
Re: Child custody
Hi,
I would immediately seek the services of an attorney to file for a change in custody and to become the Parent of Primary Residence. You would need to a file a motion with the Court. Because this is a post judgment motion, you have show a change in circumstances, but the controlling standard is what is in the best interests of the child.
A court might interview a child. However, at 8 years old, the child cannot control who is the Parent of Primary Residence.
My office has been in business for over 10 years and has many satisfied customers that we can provide as referrals.
Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Good luck.
Re: Child custody
You can get residential custody, based on your factual contentions. Everything must be documented and testified to as much as possible.
Custody battles are expensive, but it seems likely that your husband will not be able to mount much of an opposition, given his apparent financial woes.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Child custody
Whether you should get custody and whether you will are two different things. Unless you are speaking with lawyers, I wouldn't listen to what they say. Judges are not robots and your custody situation is not an equation. Even with a lawyer, I can't say for sure what will happen. However, to make sure everything is done the right way, I suggest you get a lawyer. My consultations (and most others) are always free. Feel free to call me on Monday at 732/247/3340 and we'll discuss your situation.
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