Philadelphia, PA asked in Child Custody for New Jersey

Q: I had a child with my ex-boyfriend while still legally married, but now I want my husband involved, not my ex.

My ex-boyfriend and I conceived a child in June 2017 and I gave birth to her in March. My husband and I had a verbal separation agreement while I was in contact with my ex, but we never got legally separated.

I started seeing things in my ex-bf that I didn't like: practicing polygamy with me and his fiance, cutting himself, his 3yo daughter's behavioral issues, etc.

My husband and I got back together in November and he is willing to raise the child as his own. We both do not want my ex involved, but he has taken me to court. How can I make a valid argument that I am the parent who can provide the best interests for my 1mo daughter? (I cannot afford an attorney)

My husband and I want to raise my daughter as a vegan, a Christian and have me homeschool her as a stay-at-home mom. My ex-boyfriend is an atheist, him and his fiance both work and therefore his 3yo attends daycare. Both parties just won't agree. Statistically speaking, our plan for her has the best interests.

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You will need to look for some type of charitable legal assistance, because you have no chance of winning this type of case without an experienced matrimonial(family law attorney). The biological father's rights, despite what you stated, will not just disappear. You have no idea what type of a complex case this is.

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

A: Thank you for your question. I know how worried you must be about the custody of your child.

The short answer is you should immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both “legal” and “physical” custody. The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents. Among those factors are the fitness of both parents as well as the safety of the child when in each parent’s care and custody, as well as the needs of the child (including emotional and medical needs). It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and your child’s interests are protected.

I hope this information was helpful to you.

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