Q: My ex kicked out 16 year old son out. I filed for emergency custody and got it. Do I need a lawyer for court.
My son wants to live with me. My ex wrote a letter stating she doesn’t want to give up custody. He’s enrolled in school here now. She’s “kicked him out” 3 tines in the past month but the last time is when she called me to get him. I don’t know if I should bring a lawyer. What are the chances of me losing with a 16 year old who wants to tell the judge he wants to live with me
A: A change in custody can be a complicated legal proceeding. Your son’s wishes are only one of many factors the court will consider when determining whether a change in custody is appropriate; there are a number of factors which the court must consider in awarding a parent custody and to change custody. Also, you will have to request the court interview your son and the court will have to find a basis to grant this request. If your ex opposes the change, and depending on her argument, the court may order what is called a plenary hearing to determine if a change is appropriate; this type is hearing is similar to a trial in that the court will hear witness testimony and examine evidence properly submitted. Because of these reasons, and because you never really know what may happen at the court hearing, it is best to have an attorney representing your interests.
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A:
Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there are other factors that go into determining a child’s best interests and which custody arrangement can best serve those interests.
These factors include:
Your child’s relationship with each parent
The parents’ willingness and ability to communicate with each other
Stability of both parents
Any history of domestic violence
The child’s preference
Practical considerations (such as distance between the homes, distance between the homes and the child’s school and related issues)
This is obviously not an exhaustive list. Child custody statutes are complicated.
You need to retain an experienced matrimonial(family law) attorney. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
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