Philadelphia, PA asked in Child Custody for New Jersey

Q: I go a letter from nj with both "custody" and "parental time" from her dad whose in jail and his mom can they get 100%

Is this for visitation or full custody? Her father is in jail awaiting a case of domestic violence against me! Can his mom take her? If so, why would she be able to? I work and provide myself and get food and a home, clothes and toys. She's the happiest kid you'll meet. She's fat and healthy. I don't do drugs, take care of her AND have help from my parents if needed. Im so confused and frustrated. What do I do?

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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: Your not yet ex-husband and his mother have ZERO chance of getting custody or visitation.

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

A: Thank you for your question. I'm sure this must be very stressful for you. There are two types of custody in NJ, legal custody, which is where the parties share responsibility for major decisions in a child's life such as medical, education and religious upbringing. The second type is physical custody, which means where the child lives, and when and how often the other parent exercises parenting time. Likely what you received was a form court notice that automatically lists both. It is difficult to know more without seeing what the other side filed with the court.

It is likely that the child's paternal grandmother is seeking parenting time (or visitation) with the child. Your best course of action is to consult with an experienced family law attorney who can review the paperwork and explain your rights and options.

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