Legal Question in Family Law in New Jersey

Father's rights

How would a father go about getting physical custody of his children away from an emotionally abusive mother? He cannot prove the emotional abuse but he knows first hand (from being married to her for 10 years) how violent a temper she has. The children are seven and are completely petrified of their mother.


Asked on 7/26/06, 3:55 pm

3 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Father's rights

This is done by filing a request with the Court. If there is aleady a matter pending you would file a motion for a change in custody.

If nothing is pending, you have to file a complaint for custody, and then file a motion for temporary relief, until the complaint is resolved.

I have successfully handled many of these types of cases. They take a lot of work and preparation, and I would suggest you get the help of an experienced attorney.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

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 7/27/06, 12:04 pm
Robert Davies The Davies Law Firm, P.A.

Re: Father's rights

You go about it by filing a motion asking the Court to change custody to the father. You would have to show that the children's best interests would be to change custody.

There are a lot of factors that the Judge would consider, and it is impossible to say what any decision would be. You may already understand that changing who the children live with will disrupt the children's lives, so this is a serious negative. You have to show that it is best for the children to make this change, despite that drawback.

This is a very important matter, and the Judges take these requests very seriously, trying to do what is best for the children.

If you would like, give me a call; I am in northern New Jersey. A brief telephone consultation will be free. I would be happy to talk to you.

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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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 7/26/06, 5:19 pm
Gary Moore Gary Moore Attorney At Law

Re: Father's rights

You need to hire an attorney to develop an approach for proving to a court that the mother is abusive.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/26/06, 5:49 pm


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