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

Q: Can I retain custody of my twins if , 4 years ago i essentially lost custody as I missed a hearing?

I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.


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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that hearing ( and presumably, you also failed to submit a certification and supporting documents in opposition to that application). As a result of that application, the court presumably took testimony from others as to the concerns voiced about you and the children's care, etc and based on that testimony, the judge entered an order granted physical custody of the children to someone other than you.

I dont know what the court order( entered 4 years ago) provided for your access to the children, parenting time, treatment requirements, etc but for any family law specialist to determine whether there is a proper basis to file an application to reexamine the custodial setting, he is going to need to read that court order, all of the material submitted in connection with that application, the transcript of the testimony from 4 years ago to see what was said and he would need to know what has changed in your life to justify the filing of an application for a change in that setting.

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