Legal Question in Family Law in New Jersey

Custody

My ex fiance and i split about 1 1/2 yrs ago but we have a 3 yr old child together. We never did the custody thing through the courts, but i believe it may be time to. He has been severely harrassing me with insults, phone calls, and emails. Sometimes its even in front of our child. What do i need to do to begin this. I have no idea where to go and how to get started...or even what kind of rights i have. Can anyone help? thanks!


Asked on 12/01/06, 9:58 am

4 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Setting ground rules for custody with a Mediator

You have plenty of rights, and so does he. The issue here appears to be a lack of formal rules that the both of you can rely on. Sometimes it's simply a matter of sitting down with a neutral mediator to resolve the ground rules. If that doesn't work, a Court would set them.

I have acted as a neutral mediator for many couples and even some who begin in a very antagonistic manner are successful in coming to an agreement. I would be happy to serve in that capacity.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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, if you are not interested in retaining a Mediator (or even if you are), you may want to contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice.

If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 12/01/06, 10:36 am
Robert Davies The Davies Law Firm, P.A.

Re: Custody

I have read what attorney Rob Gleaner has said, and it makes sense.

I will add a little bit (and I am in north Jersey so I am not able to assist you in any case):

please stay safe; a man with a temper may do things he does not really intend, including hurt you. do not let that happen.

keep the fighting away from the baby. 3 yrs old is old enough to be terrified by fights between mommy and daddy. if you have to, walk away, get out of the room, dont let your child witness any screaming matches between you.

and, yes, it seems like time to get some rules in place. you may want to get an agreement on you having custody, him having lots of visiting time (this is good for the child in almost all cases) and child support paid by him to you through the Courts.

Good luck. Go talk to a lawyer.

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 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 12/01/06, 10:46 am
Gary Moore Gary Moore Attorney At Law

Re: Custody

You can file a domestic violence complaint if he is truly acting as you described for the PURPOSE of causing you distress.

Before you file a domestic violence complaint you should consult with an attorney to insure that your complaint is sustained by the Court.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/01/06, 11:05 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Custody

Seems like everyone beat me to it. I do suggest you meet with an attorney before doing anything. I was thinking the same thing Mr. Moore was, filing a TRO, but again, there's a lot to think about there. Should you have any questions, feel free to call me, my initial consultations are always free.

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Answered on 12/01/06, 11:34 am


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