Toms River, NJ asked in Family Law for New Jersey

Q: i want to divorce my husband. We have a baby girl 5 months. Should i just leave to my parents house.

His parents have a lot of money and im afraid they will try and take my baby. Should i just leave and go live with my parents and then get a lawyer. New Jersey

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

A: Thank you for your question. Going through a divorce can be a stressful and emotional process, especially when children are involved. With regard to your fear of your husband’s parents trying to take your daughter, they likely would not have the standing to do so, as court’s generally do not award custody to third-parties (in other words, anyone other than the parents of the child) unless both parents are deemed to be unfit to care for the child. Whether you should leave the marital residence depends on a number of factors. Do you own or rent the residence? Is living together creating a hostile environment? What will the custody arrangement be if you leave? I recommend contacting a family law attorney who can discuss the specifics of your situation with you and help guide you in the right direction.

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