Legal Question in Family Law in New Jersey
This has to do with a divorce matter. My son and his wife are divorced. My ex-daughter-in-law has become so angry and bitter that she is moving the children closer to where she works which is a little over 20 miles away. She told the children she is doing this to get them away from their father who they adore. There ages are 13, 11 and 7. They are very upset. My granddaughter who is 13 is in 8th grade in catholic school and has been with her friends since kindergarten. She wants to graduate with her friends. She has not been eating and cries continually to where you have to literally hold her up. Her mother has taken her cell phone away so she cannot text her father or call him. He went to court in the summer but his attorney told him after the little work he did on the case that it would not be advisable to go for oral argument to allow him to present his case because the judge issued a tentative decision and it would only get the judge mad. We have since found out that that was very bad legal advise. My granddaughter wote a compassionate letter to the judge begging him to help her and her sister and brother but he did not take it into consideration. The children wished to speak on their behalf but never had the opportunity. My granddaughter wants to live with her father. She is very active in the community and in her church. Does my granddaughter have any rights or does my son have any recourse to help his children because it seems the legal system has let them down. My oldest granddaughter is so despondent, and as her grandmother I am very frightened for her and the effect on her future life which she says she will never have. We really believed the courts were there to protect the children.
3 Answers from Attorneys
Try a new attorney that is not afraid. This may prove to be an expensive endeavor but it will be worth it getting a testimony form a psychologist that has interviewed the children. Here is a story that you may or may not appreciate: today -this morning- a very young associate was in a family court mediation representing a very young mother of two (18 y.o.). The child's father has a history of violence and he wants custody every three weeks. Our client refused to give in and the mediator stated to our client: "you will get the judge mad if you don't settle with the child's father." The associate told the mediator that what she said was a non-starter and don't ever say that again or we will walk out and let you explain to the judge how you attested to bully my client.
Your son needs to dump the lawyer and hire...well, ME! he has to go and fight for his kids.
What a mess. Your son's lawyer is wrong. The strong and clearly expressed wishes of his older daughter DO matter. That child should have had a chance to say what she had to say.
The wishes of the other kids, and their explanation of what their mother has done, DO matter too, even if they are younger.
Give me a call, make an appointment to come see me, and let's get moving on this for you.
Robert Davies, Esq. 201-820-3460
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.
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.
I don't know what county you are in but if you are in the southern half of the state or central, I can help you. I have a number of cases like this, and I really resent lawyers or staff worrying about upsetting a judge because the lawyer is fighting for his client and that which the judges are supposed to protect---the best interests of the children..... Most judges respect a zealous advocate, as long as he or she is respectful in his presentation.
Please call me or e mail me at [email protected]
web site is www.saulhsegan.com
I am licensed in NJ and Pa... 215-732-4000
Give me a call--let's talk......
Good luck!
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