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.

Thanks

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.