Q: My friend filing for custody of his daughter, with the mother now, if he files 1st does he keep her until the date?
My friend is filing for custody of his daughter who is 2 months old and currently resides with her mother. Since he's filing first does that mean he's able to keep the baby with him until the court date?
A:
Hello and thank you for your question. I will hopefully be able to answer you as completely as possible but I do recommend that your friend do meet with a family law attorney in order to receive the best advice possible for his situation.
As far as the law goes in New Jersey, there is no advantage or effect to being the first person to file court papers. Judges here make decisions about custody and parenting time based upon what is in the best interests of the child, not who happens to get to the courthouse first. Until the court date, everything will stay the same and once your friend gets to court, he will let the judge know his reasons for wanting custody and why his having custody is in the best interests of the child.
Using the best interests standard is what all courts in New Jersey do. The judges do not necessarily care about the preferences of the parents; they simply want to make sure that where the child lives is stable, safe, secure and, yes, in that child's best interests.
Again, have your friend explore at least a consultation with a family law attorney. Many, like our firm, offer free consults. Hope this was helpful!
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