Legal Question in Family Law in New Jersey

Ex's mental health history and pending custody fight

I am forced to file for full custody of my 2 daughters due to severe coparenting issues between my ex wife and myself. We have a divorce decree and parenting plan on record. We've just met with the county head of the parenting program where she admitted to this person her violating my time and that she intends to continue to do so. The problem is that she enrolls them in activities not agreed to that overlap into my time with them and chooses to take them to these activities instead of honoring the agreement on record.

She has a 15 year history of multiple mental health issues and is presently on several potent medications, she is the primary in shared custody. I am attempting to be the primary and set boundaries that can be enforced.


Asked on 6/19/06, 1:26 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Ex's mental health history and pending custody fight

Ho boy. You will likely have to fight long and hard. You need a good experienced divorce attorney, and you should get a good mental health professional to support your claim that the children will be better off with you than with her.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.

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: 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 6/19/06, 1:56 pm
Gary Moore Gary Moore Attorney At Law

Re: Ex's mental health history and pending custody fight

If she is obviously obstructing your visitation that is enough to change custody and give you control of visitation. Her mental health history would only come up if there an in depth reassessment of which parent's having custody is in the best interest of your children.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/19/06, 3:20 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Ex's mental health history and pending custody fight

I like to handle cases like this because it is rare that there are such dedicated fathers out there, and then when there are, the system isn't kind to them. You need to file a motion for custody. The probation department will interview you and the child's mother. They will then issue a recommendation. If you contest the recommendation, the Judge will hold a hearing.

You are going to have to get someone that can marshall of the facts and law that are on your side. However, it shouldn't be an incredibly expensive process. In fact, if the right things line up, the final cost will probably not be hard for you to handle.

My consultations are always free and I practice all over New Jersey, including Morris County. Call me at 732/247/3340 and we can discuss your options.

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Answered on 6/19/06, 3:25 pm


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