Legal Question in Family Law in New Jersey
I live in the state of New Jersey and I'm filing for divorce irreconcilable differences from my wife. We've been separated two years, she has physical custody of our children. I would like to file for joint or 50/50 physical custody of my children. Looking to move into the town that my ex and children live, so that we can share custody. i.e I have them 2 weeks per month and she has them the other two weeks. She will contest it in court after I file. She wants full custody. I want the joint custody so i can stop her from eventually moving my children out of the town they attend school , have their firends etc. I believe it would be detrimential to my children to move them at any point. Its not a question of whether she will, but when she will move them. she's now been living in the town for 3 years. After I find a place to live in town and file the divorce(ljoint physical / legal custody), how likely is it that the court will find in my favor. Again, she will contest it.
4 Answers from Attorneys
Depends on a number of factors. I gave up the fortune telling game a long time ago. My opinion doesn't matter much. If this is what you want, you should fight hard to make sure this happens. Having a good attorney to do this all for you will likely increase your chances of getting what you want. Call me anytime at 732/773/2768 to discuss further.
Equal, shared parenting time is favored by the Court.
My partner handled a similar case a few years ago and was able to have custody transferred to the father. Each case turns on the facts and requires a different strategy before different judges so it is impossible to predict what will happen. But if the facts warrant, you can prevail if it is in the best interest of the child.
Please call for an appointment if you are interested in discussing your matter further.
Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.
The Judge will listen to all of the evidence, and try to do what is best for the children. There is no way to predict what the Judge's decision will be.
However, my experience is that you can set things up ahead of time, to make it more likely that you will win.
A smart, experienced divorce lawyer can help you to give yourself the best chance of winning this custody battle.
Give me a call, make an appointment to come see me, and let's get moving on this for you.
Robert Davies, Esq. 201-820-3460
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.
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