Legal Question in Family Law in New Jersey

I live in NJ. I have joint custody of my children with my in-laws. My in laws have residential custody. What is residential custody, and Can I ask a judge to force my in laws to let me see the kids more, and force them to let me have more of a say in the kids lives?


Asked on 1/18/11, 12:15 pm

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Residential custody is the party who is the Parent of Primary Residence or the party where the children reside a majority of the time. You can ask a Judge to revise the parenting schedule, but you need to file a motion, and convince the Judge there is a change in circumstances to allow you to increase the parenting time.

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Answered on 1/23/11, 12:38 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

With these types of cases, you have to start from square one. Why don't you have RC in the first place? Why do you have the schedule you have now? What has changed that would make a court want to change it?

As the other attorney said, I suggest you speak to an attorney before you do anything. While you have to file a motion to get what you want, now might not be the right time to file one. Much depends on the history of the case. Feel free to call me anytime at 732/773/2768 to discuss.

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Answered on 1/23/11, 12:48 pm


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