Legal Question in Family Law in New Jersey
Divorced in CO, Mom now in VA, Dad in NJ - Dad wants custody
In 1994, my husband and ex-wife were divorced in CO. They agreed that she would have sole custody, but that he would get them every other weekend, plus some holidays. Since that time, his ex moved to VA and my husband moved to NJ and married me. The informal arrangement is that we have them for the summer and school breaks and she has them for the school year. The children are 11 and 13 and it is becoming an increasingly bad environment for the kids (she was recently fired for threatening a co-worker, she doesn't make them go to school if they feel tired, didn't study for test, etc.). She bipolar and doesn't take her medicine or get therapy on a regular basis...we could go on about her, but the bottom line is that we need to get custody. We have them now for the summer and want them to stay with us for the school year instead so that we can make sure they have a stable home and education. We would be fine if they spent the summer with her. The question is: Where would this case be decided? VA or NJ? Also, will the judge base his decision on what the kids want? Thanks for your help!
3 Answers from Attorneys
Re: Divorced in CO, Mom now in VA, Dad in NJ - Dad wants custody
The question cannot be answered with any certainty without more information. The general rule would seem to provide that Virginia is the proper jurisdiction since that is where the children "reside." However, New Jersey can under certain circumstances take jurisdiction and decide the children's best interests. As far as what the children want, the court, whether here or in VA will give some weight to the children's wishes.
Call me if you have a desire to try and pursue this matter in New Jersey.
Drew M. Hurley, Esq.
www.lawyers.com/dhurley
Re: Divorced in CO, Mom now in VA, Dad in NJ - Dad wants custody
I agree totally with my colleague's answer to this question. I would add that if, in fact, the initial divorce decree gave "sole custody" to the wife, this may give her initial ammunition to at least argue that Virginia should be deciding the matter, rather than New Jersey. However, if you can convince a NJ judge, now, that the conditions are so bad in VA that the case needs to be initally dealt with on an emergent matter in NJ, you would have a better shot at keeping it here for final determination. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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, you may want to 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. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Divorced in CO, Mom now in VA, Dad in NJ - Dad wants custody
Thank you for your e-mail inquiry regarding jurisdictional questions related to custody. My best advice is for you and your husband to consult with family law counsel versed in these types of issues. Such cases are very fact-sensitive. To offer comments based on your short rendition of facts may be misleading and incorrect. This certainly would not serve you well. Therefore, I invite you to make an appointment for a consultation with myself or one of our other experienced family law attorneys. Our office is located in Haddonfield, NJ. Please call 856-795-6700. Please mention LawGuru for a "rebate". We look forward to hearing from you. K. Scheiner, Managing Partner, Family Law Dept, Gerstein Grayson, LLP
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