Legal Question in Family Law in New Jersey

Child Custody..

I have joint legal custody with my sons father. I will be moving out of my family's home Oct1 with a couple my fiance and my son(4 adults & my son). The apt is an oversized 3BR condo and my son will have his own bedroom. My sons father is aware of this and says that he wants to take full custody of our son since I am taking him out of my familys house. Can he do this? He is currently living with his wife and his bestfriend, which he says his friend will be moving out soon. I highly doubt that.


Asked on 9/05/08, 9:33 am

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Child Custody..

Wanting and getting are different things. What is established now will remain into the future so long as you do nothing to bring your fitness as a parent into question.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/05/08, 10:47 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Custody..

Of course he can take you to court. Whether or not he will win is a different story. I suggest you get an attorney.

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Answered on 9/05/08, 11:37 am
Robert Davies The Davies Law Firm, P.A.

Re: Child Custody..

He is saying a lot, but what he will do may be different.

You would be smart to get a lawyer to help you NOW. Is there a court Order saying that you have residential custody? And is there an Order saying that he has to pay child support to you?

Call me if you want a lawyer's help. I am in Hackensack, not too far from you.

What you do now will affect your son's life with you for a long, long time.

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Answered on 9/05/08, 12:58 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Child Custody..

It appears to that you are on equal footing with him as far as other adults in the household. I assume you are not leaving the state if so you need the court's permission. There is no requirement that you live in your family's home in the court order for joint custody is also assumed. You may live where ever you wish and may even leave the state if you have the court's permission. In-state moves are not usually subject to such restrictions as long as there is no great change in distance, etc, affecting the other parent's parenting time. See a lawyer for further exploration of your rights and obligations based on your actual circumstances that may not be mentioned but could impact on the advice you receive.

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Answered on 9/05/08, 1:36 pm


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