Legal Question in Family Law in New Jersey

Disability & Child Custody

My best friend recently found out her husband is being unfaithful with multiple partners. They have two children, both younger than school age. She just got approved for disability and is in fear that if she decides to divorce her husband, he will use her disability against her and receive primary custody. They currently have full-time help in the house and have almost since the birth of their first child. Her disability does not prevent her from caring for her children, but she does has limitations from pain & seasonal depression. He has a demanding job and travels frequently, so both would require assistance of a care-taker for the children. He has a lucrative income & assets & she just has disability income for her and the children.


Asked on 12/15/06, 12:28 am

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

Re: Disability & Child Custody

Unless her disability prevents her from caring for the children, he will not be able to take custody from her. Also, the preference of the courts in New Jersey is to award joint custody and to make one parent the parent of primary residence. This is what your friend would want to be have in order to have control of the children on a daily basis and receive child support.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

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 12/15/06, 9:47 am
Robert Davies The Davies Law Firm, P.A.

Re: Disability & Child Custody

there is no easy short answer that any attorney can give you on this website. Have the woman call me, and I will see what I can do. I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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 12/15/06, 10:55 am


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