Legal Question in Family Law in New Jersey

Divorce child custody and property distribution.

I've been married for the past 5 months and me and my wife are considering divorce. The house is in my name but we were together and she's been living there the entire time we've been together. We also have a 6 yo son. I want to know what are my rights as the father and as far as custody is concerened. Could I win sole custody? Would I have to pay Alimony?


Asked on 4/21/04, 5:26 pm

1 Answer from Attorneys

Bruce Matez Gerstein Grayson, LLP

Re: Divorce child custody and property distribution.

Custody of children is determined based upon the best interests of the children. You will be required to attend a Parent Education Seminar and Mediation in order to resolve any custody issues before the Court gets involved. You and your wife have equal rights as the parents. Neither has a better legal right to custody than the other. Generally, the Courts try to maximize the time that both parties spend with the children unless there is a significant problem with one parent involving a threat to the child. You would not likely be required to pay alimony considering the length of your marriage, however, alimony is discretionary, and I would need to have much more information before commenting further. If you would like to further discuss this matter with an attorney in my office, please contact my secretary, Debbie, at 856=795-6700 to schedule a consultation.

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Answered on 4/22/04, 10:31 am


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