Legal Question in Family Law in New Jersey

custody

my neice passed away and left a son (2ys old).The 2yr olds Father gave me joint custody with him and the Judge apponited me residential custody. My neice's father who filed for custody and was not granted custody is now fighting me for custody because he lived with my neice and 2yr old nehpew before she passed away. And had helped to care for the child when my neice was alive. Is there a chance that the childs grandfather could win custody because the childs father and my neice have not been involed since the child was born.


Asked on 5/26/06, 9:30 pm

4 Answers from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: custody

Hi,

There is a lot that goes into a custody question. In a custody battle, the overiding standard is what is in the best interest of the child. In order to determine what is in the child's best interest, you need to know how to navigate through the Court system. A Copurt can consider many factors, including how involved the person has been with the child.

However, the worst thing you can do is assume because a Judge gave you joint custody before, he/she will deny this request. I would suggest you do not ignore his court papers.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of 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 5/29/06, 5:08 pm
Gary Moore Gary Moore Attorney At Law

Re: custody

If the father acted as though he wanted to take care of his child custody could not be wrested from him unless it were shown that custody with him would exposed his child to unacceptable negative circumstances. If the child lived primarily with his mother and her father the child's grandfather could claim that the child bonded with him and would have a strong claim against your residential custody.

Gary Moore, Esquire

Hackensack, New Jersey]

www.garymooreattorneyatlaw.com

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Answered on 5/29/06, 6:13 pm
Robert Davies The Davies Law Firm, P.A.

Re: custody

This is not something that can be answered on this website. You really need to meet with an attorney and get some assistance.

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Answered on 5/27/06, 12:52 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: custody

This type of situation is not like a math equation where you plug in numbers and reach a certain result. Even if the law is on your side, the Judge can still do whatever he or she chooses. Your best bet is to get a good lawyer to put the best case forward. Call me on Tuesday at 732/247/3340 and we'll discuss your case. My consultations are always free.

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Answered on 5/27/06, 10:57 pm


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