Legal Question in Family Law in New Jersey

Who will get custody of our children?

A friend of mine is looking to seperate from her husband and they are currently living with the husbands parents. She has been told that because they are living in the home of the husbands parents, she will not be able to leave with her children and she will not be granted custody. When she leaves she will be living with her parents in their home and her mother is already the babysitter of the children while the parents are at work. Is it true that she can not leave with the children?


Asked on 6/03/03, 8:50 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Who will get custody of our children?

You need to be suspicious of what you are told by others. No situation is the same. Every case turns on its own facts. I cannot give you an answer based on the facts as you have presented them. All custody situations are determined by the Court based on the best interests of the children. The situation that you have presented seems very close and no attorney could give his/her opinion without a careful review of all of the circumstances. Keep in mind that 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, you may want to 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. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 6/03/03, 8:59 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: Who will get custody of our children?

Thank you for your inquiry. In my opinion, if the mother has been the priomary caregiver of the children, then she would be able to take the children with her when she leaves.

As it would be my pleasure to speak to you regarding this custody matter, 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

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Answered on 6/03/03, 9:15 am


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