Legal Question in Family Law in New Jersey

Custody

My ex husband and I currently have joint custody of my with me being the primary.

My ex has fallen into serious financial hardship. Without going into a long winded list of reasons why I would like to obtain sole custody so I am considering approaching him on the subject on the basis of his financial situation.

My question is if he agrees to give me full custoday and I agree to continue to give him visitation but waive child support, does that fall under the Sole Legal and Sold Physical custody? And is this something the court would approve?


Asked on 2/21/08, 2:21 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Custody

I would speak to an attorney about this. You could be entering into a contract which is not enforceable. Child support belongs to your child, not you. Thus, you have no authority to not request it. Either you or your child may be able to come back in the future to ask for child support. Of course, there are other ways to handle this.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case. I have an office in Toms River.

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Answered on 2/21/08, 2:30 pm
Michael Berman Law Offices of Michael A. Berman

Re: Custody

I think I can give you a better way, one that would be enforceable by the Court. Contact me direct to discuss the details.

Mike

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Answered on 2/21/08, 3:17 pm


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