Legal Question in Family Law in New Jersey

Separation and filing for Custody

I am dating this man who claims to have

filed for divorce two months ago.

However, they are not separated and he

still lives in the house with them. He

was going to move out until his lawyer

told him to stay if he is in the middle of

a custody battle. What is his best

option? Staying in the house and leaving

at night or moving out and establishing

a safe environment and being there for

his kids when needed?


Asked on 11/04/06, 11:42 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Separation and filing for Custody

I have seen what the other attorneys have written.

Now, let us talk about your best option. You are dating a married man with a wife and kids who is living with his wife. What is your best option?

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/06/06, 10:43 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Separation and filing for Custody

I would want him to do whatever is best for the children. He has to realize that as the guy, he has an uphill battle to get custody (residential). I would say that staying there, in their lives full time would be best. If he moves out, it will be too easy for the Judge to keep the status quo. If he trusts his lawyer, than I wouldn't second guess him or her. If he doubts his lawyer's advice, then its time to get a new lawyer.

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Answered on 11/04/06, 3:18 pm
Gary Moore Gary Moore Attorney At Law

Re: Separation and filing for Custody

There is no one "best option". It all

depends on one's individual circumstances. If there hostilities in the household between him and his wife he should move out to avoid the consequences of a domestic violence

complaint, whether it is real or fake.

So far as his filing a divorce complaint it is a simple matter to call the county court house where he lives and inquire of the family part

whether there is a pending complaint for divorce in which he and his wife

are the parties.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/04/06, 4:13 pm


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