Legal Question in Family Law in New Jersey
NJ Joint Legal custody
3 years ago, my stepsons mother dropped her son off and said he's living with. We filed for Modification and got Joint Legal and Physical Cus. to my husband. Child was verbally abuse by mother and stepfather for years, child was failing classes. He has been an honor student since his move with us. Mother sees him every other weekend, every other week in summer, and alternate holidays, and split school recess. Child is approaching 15. Mother filed for 50/50 reason being, he know has friends. Child does't want to spend school nights at his Moms. He knows it will mess him up after all he has grwon so much. Our fight back is that he is thrieving and is stable. What do you think her chances are of winning this 50/50 outcome? It has been offered to her to get him during the week for let's say dinner, library and she has never once called and asked to take him. She has recently graduated nursing school and now realizes we would finally ask for some support since none has been given this entire time. Of course, we have a lawyer, I am just looking for other opinions. We are fearful that if she would get 50/50, that the child would rebell and purposly fail since 50/50 would be against his wishes.
3 Answers from Attorneys
Re: NJ Joint Legal custody
messy and impossible to give general advice, it varies so much depending on the people involved, the exact situation.
and if you need to get a second opinion, it seems that you do not fully trust your current attorney. that is bad.
good luck. nasty situation.
Re: NJ Joint Legal custody
While it may be good to get a second opinion before you choose an attorney, I'm of the opinion that you have to trust in the attorney you have. Especially since, we do not have all of the facts.
Nevertheless, I will answer your question. 50/50 is very rare as it is hard to arrange such a schedule and Judges are reluctant to grant it. 60/40 is more likely. Because he is 15, whatever he says will go a long way and may end up controlling the entire decision. Its really up to the Judge. The Judge may say to him, what do you want? And then whatever he says goes.
Regardless, she is going to have to show some powerful evidence to overcome his choice.
Jef Henninger, Esq.
Re: NJ Joint Legal custody
If a lawyer presents what you have stated in your question in an effective manner the mother will only have him on weekends and perhaps every other weekend.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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