Legal Question in Family Law in New Jersey

I was granted primary residential custody of my 2 year old as part of my divorce settlement. My ex husband now wants an annulment, which I do not care to grant, and he has therefore threatened to sue me for 50/50 custody. How easy or difficult is this for him to achieve? I strongly oppose this arrangement and think that a 2 year old should have one primary home.


Asked on 1/18/10, 8:42 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

An annulment requires proof that the marital relationship never existed due to some legal infirmity, mental limitation or fraud/misrepresentation. The birth of the child makes an annulment

unlikely.

Secondly, one can not obtain an annulment after a divorce because the divorce required that the Court find as a fact that there was a marriage.

Is you husband seeking an annulment from the Catholic Church?

In any event a change of custody would require that your husband demonstrate a fundamental change of circumstances requiring a change of custody in the better interest of the child.

Call me if you like.

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Answered on 1/23/10, 10:04 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I cannot give you any info until I have a lot more from you. I have 10 offices in NJ, so call me at 732/773/2768 to discuss.

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Answered on 1/24/10, 3:16 pm


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