Legal Question in Family Law in New Jersey

custody change

Ex continuosly brings application to court for change of custody of my 14 yr old daughter- finally after 2 1/2 years, judge set a plenary hearing. However, no ''change of circumstance has been profferred - instead, pro se ex is on a fishing expedition. Judge is allowing this to go on and on - impacting my ability to work and running up my legal bill. Can a summary judgement motion or something be filed to stop this?


Asked on 5/24/08, 9:59 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: custody change

I have read what attorney Henninger told you, and I agree with it solidly.

Ask your lawyer these questions. If your lawyer does not answer them to your satisfaction, fire your lawyer and get a new one.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/26/08, 10:12 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: custody change

I'm worried about this. You said "legal bill" so you have an attorney. But why are you on this board? Shouldn't your attorney be able to answer these questions for you? There really is no SJ motion here, but your attorney could have stopped all of this with the right motion(s). I would have filed a cross motion to stop the ex's motion, if the judge denied it, I would have filed and interloc appeal.

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Answered on 5/24/08, 11:00 pm


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