Legal Question in Family Law in New Jersey

father wants custody

my ex-husband and i have been divorced for 6 yrs now. i have custodial custoty and am the parent of primary residance. it was my desire to move to florida. i re-married and now my husband and I with both my girls,(was the idea) to move to florida. the 16 year old can not wait.....(she had an eating disorder for 3 years plus tried living with her dad and her dad kicked her out. went to court and said he couldn't handle her(the judge said she was to come back and klive with me) and didn't want her however still wanted to see my 11 year old. It is my 11 year old that wants to stay in NJ with the friends she has grown up with on a street where just about all her friends live. she plays all types of sports with a winter break. My ex won lowering his child support because he said he makes less money ( however he works for a friend and they can give hime so much in a check and so much in a cash check. took him to court to move to fla, the judge said 11yr old can stay and 16yr old can go.I said I was not going anywhere w/o both girls. he now is taking me to court for full custody of my 11r. old. how do i stop this


Asked on 9/03/06, 9:31 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: father wants custody

You need to file a motion for reconsideration. The problem is that such a motion must be filed within 20 days following you or your attorney receiving a copy of the judge's written order.

Eleven is a bit too your to give that child's opinion so much weight as to where she lives. You need to analyze what went wrong on your motion and refile.

So far as the father's application for custody is concerned you need the services of a child psychologist or psychiatrist to demonstrate it

would be in the eleven year old's best interest to remain with you.

Call me on Wednesday if you like. If it is urgent

you can call me on Tuesday morning between 8 and 10 in the morning.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/04/06, 2:18 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: father wants custody

To stop him from getting custody, the simple answer is for you to get a good attorney.

With regard to the child support, his income can probably be imputed so that you will get the same or even more child support then you were getting.

Then you need to handle the moving. This may be difficult to do procedure wise because of the time period, but there are arguments that can be made and you have nothing to lose.

If you'd like to discuss your case in more detail, you can call me today or any time at 732/247/3340.

Good luck!

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Answered on 9/04/06, 11:20 am


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