Legal Question in Family Law in New Jersey

child custody/visitation

i notice some web-sites where the

lawyers say you can see your kids

within three days of filing for

divorce/child custody, yet the one i

spoke to told me i wouldn't see the

judge for three weeks and my wife

COULD keep me from my daughter if

she chose to. why can one do it

faster than another or are the web-

sites bogus?


Asked on 8/13/08, 8:56 pm

3 Answers from Attorneys

Soleiman Raie Joel Every & Associates

Re: child custody/visitation

the only way i can think of that you can get a custody order in three days or less, is if you file an emergency custody petition. normally that is only filed if the children are in immediate danger (former spouse is an immediate threat to their safety, their home is dangerous, or a third party wants to hurt them or a mother, etc.) Normally a custody petition would take weeks if not a month or so to be heard. the Court system is unfortunately backed up with divorces causing such a delay! your best bet is to file your petition and try to come up with an arrangement until your hearing date. call me if you would like to discuss more.

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Answered on 8/14/08, 11:34 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: child custody/visitation

I'm not sure what websites you are talking about. Unless I am missing something, I don't know anything about a 3 day rule. Your lawyer is talking about motion schedules and actually, its closer to 5 weeks than 3 weeks.

However, I could probably get you into court within a matter of a few days. The one you spoke to must not be aggressive. I practice in Monmouth County (office in Eatontown) and I'd be happy to help you.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 8/13/08, 9:26 pm
Gary Moore Gary Moore Attorney At Law

Re: child custody/visitation

If you are filing a motion in the Family Part of the Superior Court of New Jersey you are required to file and serve the papers 24 days before the hearing date, a little over three weeks. Therefore the mother has 24 days in which she will not be compelled to allow the other parent to visit with the children.

The only exception would be where there is imminent danger of irreparable harm to the children, which is a tall mountain to climb.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

201/602/8090

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Answered on 8/13/08, 11:11 pm


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