Philadelphia, PA asked in Child Custody for New Jersey

Q: My husband and I separated still married 10 months ago he moved elsewhere now hes in pA Im in NJ....

Dont want him to see the kids anymore i I feel its unsafe there as theres two csp cases where he lives his gf and the lady they live with will not givw me any info plus they drink and more maybe

Our 1 son has special needs also has epilepsy

Can i keep the kids from him till the divorce ?

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1 Lawyer Answer

A: Thank you for your question. I'm sure, as a Mom, that this situation is very stressful for you. The answer, as with most legal questions, is that it depends. If you have already filed a Complaint for Divorce then you can file what is called a "pendente lite" motion. That just means "pending litigation" and is a way for a Court to issue temporary orders that apply while the divorce process is going on and the ultimate provisions as far as parenting time, child support, and property distribution are being decided.

There are many factors involved in precluding your husband from seeing your children. The best thing to do is consult with an experienced family law attorney and find out all your rights and obligations so that you can continue to focus on the best interests of the children in the most productive and efficient way possible.

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