Legal Question in Family Law in New Jersey
How will my disability affect joint custody
I have 3/4 alternating weekly schedule. Joint legal physical custody. 9 yr old son attendes dads school district. 25 mi drive for me each way. Dad travels for work and not there sometimes. My point is I was just diagnosed with MS. Some days I have problems walking ,etc. If I go to court for my school district(bus transportation at end of my driveway) will this disability be used in some way against me. Will the court say he should stay with dad during school week, even though dad is gone most time. Dad recently went for 3 months straight making it trip # 7 last school year.I tryed for my school and was denied . Ex told jugde he wasnt going to travel anymore. I lost. Now I have this Ms just diagnosed last month. My son has told me that his dad has in fact been traveling again. Should I go back to court on the MS disability only or wait and have positive information he is traveling again and get him on contempt for my school. Or at least have it court ordered for some of his help in the driving back and forth.
2 Answers from Attorneys
Re: How will my disability affect joint custody
I don't think it will affect your custody, but it could impact the parenting time. You need to have an idea of what you can do, and how will it impact your ability to care for your son.
Also, the longer wait and get into the school year the harder it will be to change the PPR to you, unless your ex's traveling is endangering your son. The courts are not inclined to disrupt a child's school year.
Also, why did you loose on the PPR designation last time? I would need some more information.
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Disclaimer: you can not rely on the advice of 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.
Re: How will my disability affect joint custody
It all depends on what your doctor says. He says in a report that you can handle your responsibilities that places you in good shape in court.
I would think that the Court would order that the father provide some reasonable amount of accommodation of your health situation.
Call me if you like, tomorrow or Monday.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.c
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