Legal Question in Family Law in New Jersey

child custudy and restraining order on a third party

My husband and I are currently divorcing and I have custody of our 8 yr old son. I have been in another relationship for 1 yr now and recently was involved in a domestic situation.My son was not here when it happened nor was he in any danger, I was forced by my ''husband'' to sign a restraining order which I don't feel is needed nor do I want,but he says he will take custody of our son if I drop the restraining order. Can he do this?


Asked on 10/13/01, 6:12 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: child custudy and restraining order on a third party

It seems to me that your husband is doing the right thing. By your own admission, you were involved in a domestic situation (which I assume means a "domestic violence situation"; if I am wrong, I apologize). Why should the father of your child wait until something more serious happens? If you want to continue in what appears to be an abusive situation, you can do so. Turn custody of your child over to your husband, drop the restraining order and go back to the abuser. The better choice, however, is to keep the restraining order in effect and move on to someone who respects you. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/26/01, 9:46 am


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