Q: At what point is it considered abandonment of a child in the state of New Jersey? Ex failed to follow order.
My ex was granted joint custody making him the primary parent of residency. We have 50/50 parenting time. Since that order has been in effect as of July 2017, he has had inconsistent visits and eventually stopped all contact with the children, it has been 17 weeks. He has sent numerous emails stating he didn’t want them anymore, for me to find someone to adopt them, and even had my lawyer write up 2 consent orders to give me sole custody. How long is it considered to be abandonment? I want sole custody of my children as he has no place in their lives yet he still thinks he calls the shots because he is “primary”. He hasn’t even provided financial support for them. The situation is way worse than what I can explain here. Looking for advice on how to proceed please.
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A: You need to retain an experienced matrimonial attorney to file the appropriate legal pleadings. 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.
A:
Thank you for your question.
Typically, if there has been a substantial change in circumstance from when the initial custody and/or parenting time was established, you may file a motion with the Court seeking to change the custody order. The standard in changing the custody order is the best interest of your child. I suggest that you speak with your current attorney, as he or she is more familiar with the specifics of your matter. However, if that is not possible, I strongly encourage you to schedule a consultation with an experienced family law attorney as to how to proceed with your case.
I hope this information was helpful to you.
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