Legal Question in Family Law in New Jersey
Can my children write the judge to tell him where they want to live?
My children live with me, and my soon to be ex is wanting custody. We go to court in two weeks for this matter and the papers state that I cannot bring my daughters. Are they premitted to write a letter to the judge to let him know that they wish to live with me? They are 16 and 13, and want visitation with thier father, but do not wish to live with him and his girlfriend.
2 Answers from Attorneys
Re: Can my children write the judge to tell him where they want to live?
I would expect that you have a lawyer representing you in the pending divorce matter. You should inquire as to whether he could arrange for the children to be interviewed on the record, but not in the presence of either parent as to their custody preference.
Usually, the children and parents are evaluated and a report is provided to the judge. The report may set forth the preference of the children. You should inquire as to any report.
If, somehow, you do not have a lawyer at this time you should call me at 8002737933 to discuss your situation and you should consider hiring an attorney immediately.
Re: Can my children write the judge to tell him where they want to live?
Whether or not a Judge will consider the opinions of the children is generally within his/her discretion. You (or your lawyer if you are represented) should find out from the Judge how he/she feels about considering their opinion. You can then act accordingly. 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. If you have not retained an attorney, before you take any 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 Law Guru, there will be no charge for your first consultation.
Good luck! Rob Gleaner