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?
3 Answers from Attorneys
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?
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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.
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