Legal Question in Family Law in New Jersey
Legal question regarding custody and divorce. I'm in the process of representing myself inthe divorce due to unemployment. Also, currently living with family and can not have my children overnight where I'm staying. Looking to file for 50/50 equal physical custody of my children. As soon as i get a job., I will be moving up to there town and taking residence there so that the 50/50 physical custody does not interfere with there schooling and friendships etc. Since I do not currently have residence there and a place of my own, should I wait to file the papers or will the judge allow me time to esstablish myself in the town where my kids live so the custody arrangement can take affect? My soon to be ex does not want shared custody, no other underlying issues, other than her wanting control.
thank you.
1 Answer from Attorneys
How can you have physical custody of a child when you cannot have the child in your residence? Physical custody means the child is staying with you at least part of the time. Your question indicates that that cannot happen. It seems to me that you need to have a place for your children before you can establish physical custody.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
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