Legal Question in Family Law in New Jersey

Re: legal custody

Thank you for your e-mail. Your question is extremely fact sensitive and therefore I am relunctant to advise you without knowing more information. "The best interests of the child" is always the guiding light in any custody dispute. The Courts have great discretion in these matters. If you wish to discuss your circumstances at length, our family law dept has experienced attorneys who can provide guidance and representation. Please call 856-795-6700 to arrange for an appointment. K. Scheiner

Re: legal custody

Thank you for your inquiry.

Please be advised that I have not been retained to represent you and I am basing anything I say on a limited amount of information you supplied. You should not depend on or act on the accuracy of this information until speaking with an attorney in greater detail and providing him or her with a more complete set of facts.

However, If the Courts have taken legal custody away from the mother permanently and given you legal custody, you have essentially become the child's parent and legal guardian entrusted with making all decision related to health, welfare, education and the child's future and the mother has no rights in this regard at this time. There are always grey areas and there are likely facts which I need to know in order to make a better determination. With Foster Care, the original parents can get the children back if the situation which led to the children being removed from the home is resolved. In the alternative, if legal custody and parenting rights have been taken away by Court decree, the original parents have a tougher mountain to climb in order to get the children back and the likelihood of returning the child to the original parents is not strong. The standard in all Court matters involving children is "The best interests of the child." If the Court felt it was in the best interests of the child to remove the child from the parents, it did not make that decision lightly. It all depends upon the circumsatnace and what exactly the Court Order stated in giving you custody. (Is your custody temporary or permanent?) I would be happy to discuss this further and you can contact me at 908-537-7975. If you cannot afford an attorney, each County has a legal aid agnecy which assists those in need.

GOOD LUCK!