Legal Question in Family Law in New Jersey
custody
I wish to apply for change of custody in New Jersey. My ex-husband currently has custody. My children have indicated both mental and physical abuse. The have seen a counselor that reported it to child protection service here in oregon which is where I live but due to the fact that they were not in danger in oregon they took no action. Both children do not want to live with their father. My sons are 13 and 10 yrs old. He will not give up custody. We are both remarried. My marriage is a very secure and loving marriage. My present husband told me he read somewhere that it is at age 14 that a child may decide where he wants to live? Is this true? My ex denies all allegations of abuse. We (kids and I) all fear the possiblity of losing and facing the ex's wrath. What are our chances?
1 Answer from Attorneys
Re: custody
There is no specific age when a child has a right to choose where he/she wants to live. A Judge can choose to listen to a child, at the time of a hearing, and if the Judge believes that the child is mature enough, then the opinion will be given the weight that the Judge believes is appropriate. However, the opinion of any counselors or psycologists who are involved may be more important, especially if the testimony is that the children are being abused in their current residence. You should immediately contact an attorney in New Jersey. Keep in mind that this advice is based purely on the little bit of information that you have given to me. No one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, and especially under the circumstances where your children may be in danger, you need to contact an attorney immediately (either me or someone else) to discuss your matter in more detail and to plan a course of action. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner