Covington, GA asked in Family Law and Child Custody for New Jersey

Q: What will happen in court on the June 24th. Will the judge grant him.

We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to nj. I took my son to visit his aunt in NC which is he dad sister in June 2018. His dad picked him up June 25, 2018. I was scheduled to pick him up August 31 but I got accepted into the police academy. He already felt like his time was short with him so we decided he will stay with him until I complete the police academy. I graduated January 2019 had extended training through FTO program. We agreed I was picking him up in May 10, 2019. He agreed he was meeting me at my aunt's house in nj. The day I was leaving Georgia to pick my son up he sent a text message stating there has been a change of plans and he filed a claim that day

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3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New Jersey

A: There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But, all I can say, is that whatever you do, responsive pleadings must be filed with the Court, prior to the return date of the motion. Good luck.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Divorce Lawyer
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: I do not know what you are referring to by "claim". The hearing you go to will likely decide if a full plenary hearing is needed. But you need to file opposition paperwork without delay. I suggest you contact an experienced family law attorney in the county where the court hearing is being held as soon as possible. If you cannot afford a private attorney and you are low income you should contact Legal Services.

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

A: Thank you for your question. It is unclear, based upon what you provided, what issues actually have to be addressed and what “claim” he filed that day and where. You will need to discuss custody and parenting time with an attorney so that he/she can better guide you in connection with both of those issues. You may potentially have to file an emergent application if he is refusing to return a child but again, a review of prior orders or history is necessary to better guide you.

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