Staten Island, NY asked in Family Law and Child Custody for New Jersey

Q: My husbands kids mother passed away from a drug overdose. She was residing at her mothers house with the kids.

My husband whom has been alienated from his 2 children ages 10 and 15 for years. But we have had visitation not through the court and paid her child support at one time. Now her mother who mentally abuses the kids is seeking custody because now that her daughter passed away she feels that she should have custody and she basically threatened the children to say that they don't want to live with their father. So now the judge granted her temporary custody until December when he can talk to the children. But I know that the children are going to say they want to live with the grandmother because they are brainwashed. We need help and advice.

Related Topics:
1 Lawyer Answer

A: This question is far too complex to try to explain in this forum. You need to retain an experienced NJ matrimonial attorney, who has extensive experience in these types of cases and get find you the medical experts that will be needed. The Court can interview the children in Chambers, but a Guardian Ad Litem should be appointed by the Court for the children. This type of case can be expensive. You need to obtain the best attorney you can afford and remember, that a good attorney is rarely cheap and a cheap lawyer is rarely ever good.

1 user found this answer helpful

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.