Legal Question in Family Law in New Jersey

I am currently in the midst of a child custody battle. I am a NJ resident, born and bred. I lived in NY for about 8 months and during that time I had a child. I know NY has jurisdiction simply because she was born there but since her birth she has spent half of her time in NJ with me and half of her time in NY withher father. I am not being told that I have to move back to NY in order to continue sharing custody, or else I may lose custody and only get visitation. This whole case seems absurd to me. I moved back to NJ from NY to be closer to my family for not only emotional and physical support but also for financial support while I was out on maternity leave. My daughters father is fighting with me that I took her away from him, in which case, I did no such thing considering he has seen her every other week since I left him 5 months ago. I need to know if I have any chance of living my life in NJ or am I going to be forced to live in NY, in a town and state where I have no family or friends and be forced to start over and be a single mom....The only people who think that its okay that I may have to move and start over, is my ex and his family and possibly the judge. I just need to know if I have ANY options that could work to my advantage. Let me make note that we were never married but he is on the birth certificate and I did give her his last name. I have never attempted to keep her from him, despite what his ridiculous petition stated. Any advice would be greatly appreciated.


Asked on 2/07/11, 9:40 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Your case will be decided by a judge who determines what he/she believes is in the best interests of the child. It is not clear where your are currently fighting this custody battle. That state's law would also be a factor.

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. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 2/08/11, 6:12 pm


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