Legal Question in Family Law in New Jersey
unfir mother uses restraining order to prevent father from obtaining custody
My husbands ex-girlfriend has a restraining order on him , we know she only put it on him to stop him from getting custody of there 6 year old daughter .The criminal complaint that the restraining order was based on was dismissed by a judge , however the restraining order stayed We are currenting going to court to try to obtain custody of the child because the mother is not taking care of her , she does not even have a home for her and we do . Everytime we get this child (which is every weekend )she cries for us not to take her back to her mother.My husband pays childsupport each week , but yet the mother still says she does not have to money to provide the proper care for the child .
Will the restraining order prevent us from obtaining costody ? the mother is single and works and never spends any time with the child .
1 Answer from Attorneys
Re: Will FRO impact on child custody?
All child custody decisions are made based on the "best interest of the child". What is in the "best interest" depends on what facts are presented to the Judge and how he/she views those facts. If your boyfriend is doing this without an attorney, he is doing a great disservice to himself since this is a very technical area that needs to be put together properly for presentation to the Judge. In general, I can tell you the the Final Restraining Order may impact on a Judge's decision, but would only be one part of the entire factual basis for his/her decision. Accordingly, it is important to "swamp" the Judge with the factors in your boyfriend's favor so as not to have the FRO be the deciding factor. Your boyfriend needs to discuss this in detail with his attorney. If he does not have one, he needs to get one. This advice is based purely on the little bit of information that you have given to me. There certainly 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. Good luck! Rob Gleaner