Elizabeth, NJ asked in Child Custody for New Jersey

Q: I want to live with my dad but my mom won't let me how do I take her to court !!!

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1 Lawyer Answer
Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Hello, and thanks for asking your question. Seems like you are going through a bit of a difficult time, and I'm sorry to hear that. Having parents separated or divorced is never easy and can be hard on the entire family. I'm not sure exactly how old you are, but I can tell you that parents often get together and finally work out their issues after all is said and done. I hope you have a trusted adult, like a school counselor that you can talk with about your family issues.

Unfortunately, the family courts do not work exactly as you are asking. I understand that you would rather live with your father, but the easiest way for that to happen is if your dad goes to court and asks the judge to change custody. I am assuming your mom has residential custody of you and that your dad has parenting time with you. Your dad is free to file an application with the court asking that residential custody of you be transferred to him.

It's really a good idea for your dad to talk with a family law attorney about this to get some advice and guidance, if this is the plan of action. Your parents may also do well to sit down with a mediator and hash out their issues.

Whatever happens, I wish you all the best of luck and hope that this information was at least a little helpful. Regards, Bari

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