Legal Question in Family Law in New Jersey

Child Custody

My finace and his ex- wife have a custody agreement that was made up by them, and then approved by the judge. His daughter is 7 and we get her every weds evening for dinner and every other weekend. His wife only works part time and obviously gets a lot more time with his daughter. We would like to get more custody. The summer vacation is soon and that give the mother even more time with the daughter. What are my fiances rights as to how much time a judge will award him. Is it possible to get her every weekend or an additional few nights a week?


Asked on 5/06/04, 5:51 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Child Custody

In order to have the Court review the custody arrangement, your fiancee would have to show some change in circumstances which has occured since the agreement he entered into with his former wife. That is the threshold showing he has to make for the Court to review the custody issue. Thereafter, the Court will first send them to mediation to see if they can work it out. If not, then the Court will have a hearing. The Court will base its decision on "the best interests of the child". That is a pretty broad concept. The bottom line is that it really depends on why he wants her more and why his former wife doesn't want him to have her more time. The Court in general seems to be leaning towards granting each parent a maximum amount of time considering everyone's schedules and the child's schedule. However, it sometimes also depends upon the individual Judge. If you would like to further discuss this matter, please contact my secretary, Debbie, to schedule a consulation. 856-795-6700

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Answered on 5/07/04, 9:15 am


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