Q: Hi. I have a custody question.
I live in NJ. I have two kids, 15 and 11. They no longer want to live with their mother. She beats them, cuss and threatens them constantly. I wanted to keep her in their lives, but they are getting tired of her. And want to come with me full time. As of now, We share joint residential custody. But, I fear for my kids, when they’re not with me. I Feel, that she only deals with them, because of the child support money she receives. I have text messages of them telling me, what she does to them. But, I don’t know what to do
A:
Thank you for your question. I am sorry that you and your children have to deal with such a distressing situation. The short answer is you can file a motion. The specifics are more complicated than that, and would be tailored to your specific situation. A change in primary custody in New Jersey generally requires a plenary hearing. You will want to make a formal request that the Judge interview the children as part of your Motion or hire an expert to do a custody evaluation. There are some choices that will need to be made.
The best thing to do is consult with an experienced family law attorney. You can find out more about the process and get your questions answered. Many firms, including mine, offer free consultations. Then you can move forward with confidence know you received solid information.
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