Legal Question in Family Law in New Jersey
Father Seeking Custody of Children
My daughter 13 and son 12 are seeking to live with me and I want them to.Mother (exwife) verbally and at times physically abuses them.She was given custody to them as infants.I divorced her because of the abuse then but judge said I had not proved it.Her now husband also engages in the abuse.I only know of the abuse from my 2 children telling me of it.I have full insurance on them both,where she has none.I live in a 2 family house which other apartment is my parents.A very stable enviorment.I have a steady good paying job of over 7 years,and i never miss paying support.They tell me they fear sometimes going home after being at my home for the weekend.
i need to know what I have to do,to gain custody and have my children live with me and my family??? Do I have a good case?? Do I have a good chance???
1 Answer from Attorneys
Re: Father Seeking Custody of Children
If those are the facts that can be conveyed to the Court, I believe that you have a very good chance of obtaining custody. Certainly at 12 and 13, your children's opinion will be taken into consideration. Further, it is likely that a Court appointed expert will investigate the situation and these facts would be brought out. In order to put your case together (and have your best chances), you need to seek the advice of an attorney, retain him/her and then file for custody. There 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, before you take any further action, you should 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. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob