Legal Question in Family Law in New Jersey

Re: Will she get custody?

You are almost answering your own question. The way you have worded it, you seem to be coming to the conclusion that a Judge may hold against you the fact that you left your children behind with your husband. And, you are right, this would be one factor that the Judge would take into consideration. It would ultimately be his/her job to determine what is in the best interest of the children. Quite frankly, I can see the better case being made by your husband. He can argue that in spite of the fact that his wife left him for another man and moved thousands of miles away, he has now found this wonderful woman who loves his children, cares for them during the day and together they have made a secure home, in spite of the anquish that their mother has put them through. Tough argument, isn't it. On the other hand, if you believe you can make the case to the Judge that you can be the better residential parent, give it a shot. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. You will especially want to discuss fees because custody battles become very, very expensive. Once you speak with an attorney, you will then be able to rely on the advice, rather than this quick answer, possibly given without all of the facts. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: can i get custody?

The first question to address is WHERE to file your petition if you choose to do so.

Right now appears you would have to file in the state you left the children in. If the children were in Virginia for any appreciable portion of six months continuously you might be able to file in Virginia.

The second question is: how good are your prospects for custody? To answer that question an attorney would have to know considerably more than appears in your question.