Legal Question in Family Law in New Jersey

Re: sole custody

The term "full custody" means nothing to me. Each parent has an equal right to custody unless one of them fails to uphold his parental obligations. If you are talking about having primary residential custody that seems to be a likely outcome in your divorce action, but the Court wants the children to have contact and input from both parents.

Of course a parent can limit his or her right to joint custody and equal or nearly equal time with his or her children by engaging in certain

misconduct, such as domestic violence; drug or alcohol abuse and neglect.

The important thing is that you remember that you anger with your spouse should not cause you to try to restrict your spouse's or ex-spouses

parenting time where it is detrimental to the best interest of your children.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: sole custody

It sounds like you shouldn't have much trouble getting what you want. However, he could really start caring and put up a big fight just to cause problems for you. I've seen it far too often.

You also seem to be on the right track with your thinking in that you know you need an attorney and you know the facts that support your case.

I practice in every county in New Jersey, so feel free to call me at 732/247/3340 and we can discuss your situation and develop a battle plan for your case. We need to figure out what you need now, i.e. spousal support and what you need later, i.e. full custody. Then we just have to execute the plan and put you on the right track for this next stage of your life.

Re: sole custody

While it is wrong for a father to forget about his children, it is unlikely on the facts you have provided that you will get sole custody. But you get residential custody and then the Court would have to determine if it is joint (favored by most judges) or sole custody. The father of the children would have a right to parenting time.

If he chooses to give up custody he can do so but that is usually not the case. All will depend on the facts presented. Our office has familiarity with this issue if you care to call for an appointment.

Re: sole custody

I have read what the other lawyers wrote. I agree in part.

Your husband's actions, with a couple of small children, are horrible. And if he has been living with the other woman for a couple of months, chances are very very good that he was cheating on you long before he moved out. Have you had yourself tested by a doctor for any disease that this man may have passed on? sorry to scare you, but get it done and be certain.

While I can not guarantee anything, in normal circumstances, you are very, very likely to win any fight for primary residential custody (meaning that the kids will live with you).

You clearly have grounds for divorce. What are the money arrangements now? is he paying the bills? child support?

Now, the horrifying truth is that his flagrant and disgusting adultery will not by itself affect what happens with the money aspect of divorce, not really. That does not mean it is not important, just that... well, go talk to an attorney who handles a lot of divorces, who is not too far from you.

I would like to be your lawyer. You sound like a reasonable person, despite the truly bad situation he put you into.

If you would like, give me a call; I am in Hackensack, northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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