Legal Question in Family Law in New Jersey
Child Custody and Email Evidence
My ex is muslim, and Im catholic. He's taking me to court for full custody based on the fact that I cannot raise our daughter Muslim and that I am currently unemployed due to a downsize. He'd emotionally abuse me during the pregnancy, he'd degrade me for being Catholic, he'd call me names like ''surrogate mother'' and ''carrier monkey'', he cheated on me and made his GF try kicking me in the stomach. After her birth I went through the baby blues, as most women do. After a phone argument with him I (stupidly) emailed him and told him I've endured enough and since he won't leave me alone I'll give him custody and waive my parental rights just to be rid of him. I wrote that when was very upset but now he's going to use it against me. At the moment we have shared custody and he pays child support. My baby is 20 months old now and has been living with me and my two other kids from a previous relationship. Could the email be used as evidence against me in court and what are the chances he'll win custody of the baby? Thanking you in advance for your answer...
2 Answers from Attorneys
Re: Child Custody and Email Evidence
In a custody matter that one email is just one snowflake in a blizzard. To take custody from you the father must prove that you are an unfit parent; one email does not prove that you are an unfit mother. It seems to prove that the father of child placed you under tremendous pressure. This is not a muslim country; we enjoy freedom of religion. You religion is not a liability in the eyes of the court. The father's intolerance of your religion is actually a liability for him because it indicates that if he had custody of the child he would probably deny you visitation or seriously interfere with your visitation rights. The court feels that its is in the child's best interest to know and experience both parents. The child's religion, ultimately, will be the child's decision.
Re: Child Custody and Email Evidence
I can not give you an opinion on chances. You both have custodial rights. The Court detemines custody based upon many factors. Your Husband can use the e-mail as evidence, but I do not think it will carry much weight, if any. The Court will be concerned about the best interests of the child only. The Court can not decide which religion the child should be raised. If you would like to further discuss these issues, please contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
