Legal Question in Family Law in New Jersey
Custody of teen boys
I have always been the primary caretaker of my children and have a great relationship with them. My husband is suing for custody, alimony and child support with allowances for me to visit the boys during the week but no overnight visits at my house. Are there any precidents that will allow such an arrangement when there have been no charges, no complaints, no abuses reported (none have occurred) and I have been involved consistently with my sons and their activities for 15 years?
2 Answers from Attorneys
Re: Custody of teen boys
Thank you for your inquiry.
I believe that it would be unlikely that your parental rights to your children should be restricted. However, it is clear that you need a lawyer to protect your rights.
It would be my pleasure to speak to you regarding your potential divorce. Accordingly, please feel free to contact my office at 732-246-0909.
Very truly yours,
Edward R. Weinstein
Re: Custody of teen boys
All determinations affecting minors, when made by the Court, are determined by a standard known as "the best interest of the child." The Judge, in each situation, looks at the facts and circumstances and then makes his/her decision utilizing that standard. Because there can be so many variances, it is difficult to say what decision would be made. In my opinion, the person who is the "constant caretaker" during the marriage would have a better chance than the other parent to have primary residential custody. On the other hand, in the absence of strong evidence to the contrary, the other parent would likely have liberal contact. 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. Only then will you be able to rely on the advice. 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