Legal Question in Family Law in New Jersey
I want to move out with my kids -- will I lose custody?
I have been trying to get an interim separation agreement with my husband for several omths. We have spent thousands and every time the mediator does a draft he finds something new wrong with it. He does not want me to leave because he does not want to have to support two households, though I am in graduate school and not earning much money. We have been married 17 years and I have been home with the kids for 12. He is emotionally cruel and it is a very bad situation for me and the children to be in the same house with him -- it would be better for all for he and I to separate as soon as possible, which the mediator has stated repeatedly in our sessions. If I move out without a signed agreement, will I lose custody of my kids or rights to have of our property?
4 Answers from Attorneys
Re: I want to move out with my kids -- will I lose custody?
It's hard to say not knowing all the details but as a general rule you are better off not moving out unless the situation is intolerable from the point of view of the children's and your mental health. You could file a motion for custody and support and seek to resolve the matter using some of the agreed points you achieved via mediation--a mediator cannot issue a domestic violence order if there is abuse. You may wish to see a lawyer and/or go to the NJ judiciary website for forms and explanation about motions. I cannot give you the link here so look it up with from the above description. Possession is not really nine tenths of the law but it helps if you can hang in until the courts act and you ultimately get either a separation agreement, judgment from bed & board or divorce judgment. You might better spend your money on somethig that will guarantee some finality.
Re: I want to move out with my kids -- will I lose custody?
You absolutely are not getting the results you want from a mediator.
Time to get a lawyer and get some results.
Your situation is not good, and is very common.
Re: I want to move out with my kids -- will I lose custody?
You need to sit down with an attorney and have a long conversation, there is nothing anyone can do on this website.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: I want to move out with my kids -- will I lose custody?
YOu can move out with your kids and seek temporary custody simultaneously.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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