Legal Question in Family Law in New Jersey

custody question

My 13 year old daughter has lived with me&my husband of 8 years&3 children since my divorce from her father when she was 2 he has visitation but only sees her at his leisure one weekend a month tops more so now that she is older (I also have an 11 year old son with him) weeks go by no phone calls has never participated w/school or supported them in activities- I was having behavioral issues with her and she was failing in school anytime she heard the word no or had some type of punishment she was threatening to live with her father and acting out recently she kicked me in my knee in front of my other children & I had to go to the emergency room by ambulance (it traumatized my other children) I spoke to her father the following day we both decided that she would attend summer school&go to his house for the summer til things calmed down-he lives 2 hours away&she would attend couseling&would come home when the school year began now he is saying she wants to stay&wants me to sign over custody I do not think it is in her best interest to live with him especially since he has never had much interest in her life&to be separated from her sibilings-she also found marjuana in his home she asked me not to tell him he said it was not his??


Asked on 8/08/07, 8:42 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: custody question

So it sounds like there was no court order here right? That always causes a lot of problems. I suggest you consult with an attorney before doing anything as these situations can get very messy. You will have to file a motion for custody.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 8/08/07, 1:57 pm


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