Legal Question in Family Law in New Jersey
Can custody change once decided?
My sister is divorced. Her ex-husband was in jail at the time for a crime. She was granted custody of the child by the court. Her ex-husband was basically given a slap on the hand for his crime. And now wants my sister to move closer to his home so he can spend more time with his daughter. He presently has every other weekend which is what was decided. He is threatening her that if she doesn't move closer to his home, he will take her to court to gain full custody of the child. My sister is scared and money is short for her. My question do the courts normally change custody of child that was already decided in a previous court hearning? There is no neglect or abuse of my sister's daughter by my sister.
2 Answers from Attorneys
Re: Can custody change once decided?
Courts will change custody if circumstances change. For example, if the custodial parent no longer wants the child, can no longer care for the child, or if the child is being abused or neglected by the custodial parent.
Courts do not change custody because the non- custodial parent has difficulties traveling to see the child. The courts may attempt to have the custodial parent meet the other parent half way.
Antoinette M. Wooten
Re: Can custody change once decided?
He sounds like a very aggressive person. The child should be carefully watched for signs of abuse.
There is no way that some jailbird father is going to get custody of a child over a mother who
takes proper care of the child. Secondly, it would probably be traumatic for the child to be separated from the mother.
Custody contests are very expensive. Does he have $10,000.00 for a contested custody battle.
If he makes any menacing threats a domestic violence complaint should be filed against him.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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