Legal Question in Family Law in New Jersey
Grounds for change of custody
In Jan. 2000, my teenaged stepdaughter came to live with me and my husband. My 8 yr. old stepson lives with the mother. Bio-mom signed the papers to legally change my husband to be the parent of primary residence for his daugther, they have joint custody of both children. My stepdaughter and her mother do not get along. Mother has a live-in, same sex partner. My stepdaughter does not like this woman and refuses to visit mother when parnter is there. We just found out my stepson doesn't like this woman, she is very harsh with him and is always disciplining him. My husband is not happy with this situation, he does not feel it's right for his ex's partner to boss my stepson around. The bio-mom lets her partner run the show. My husband cannot reason with her. We think my stepson is afraid of this woman. We have a good stable home life, good income, and can provide my stepson with so much more than his mother can. What would it take for us to get custody of him?
2 Answers from Attorneys
Re: Grounds for change of custody
All determinations in situations like this are made on the basis of what is in the child's best intersts. Certain specific factors can be looked at, but often the Court reaches out for information from a variety of sources in order to try and figure out what to do. Of course, the parties can always agree on a change (apparently what was done with regard to the teenage daughter).
Re: Grounds for change of custody
A change of custody certainly seems warranted in this case. However, absent agreement between the parties, a custody battle would be fought in the Courts, after home evaluations and a full consideration of all factors. The final determination would be based on what, in the Court's opinion, would be in the best interest of the child. Unfortunately, this can get very expensive, if contested. In any case, you should seek the advice of an attorney.Keep in mind that this advice is based purely on the little bit of information that you have given to me. 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 Gleaner
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