Legal Question in Family Law in New Jersey

Re: Residency and custody

Where one lives has little to do with child custody determinations. Child custody is determined by a Court "in the best interest of the child". What that means is different in each case. But the locale of the parents (unless they live in a dangerous place) is rarely a factor, although the quality of the living place sometimes is. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Residency

Thank you for your inquiry.

My first question is where are the minor children presently staying. Under New Jersey law, neither spouse may permanently remove the children from the state of New Jersey without a Court Order. Otherwise, I would need to laearn more facts before drawing any conclusions about joint legal custody.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

Re: Residency

If there is a pending divorce complaint filed by your wife while she was still a New Jersey resident and/or you were a New Jersey resident, the matter will be heard in New Jersey and all issues of the divorce, including child custody and support, will be decided as part of the pending divorce case. I note that you remain a New Jersey resident make jurisdiction in New Jersey even stronger.