Chester, NJ asked in Child Custody and Family Law for New Jersey

Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to transition her to living with us to make it less traumatic. She was supposed to finish the school year at my aunts and officially live with us this summer but my aunt can not come to terms with reality so she’s taking me to court for full custody and requesting I only have my daughter every other weekend. While under my aunts care my daughter has suffered, had many teeth pulled due to cavities and has been very overweight because my aunt was giving her soda, candy and no exercise when I was not around. My daughter also has no space in my aunts house as she shares a room with a 26 year old woman (my cousin). We wanted to transition her to cause little trauma but now my aunts become bitter.

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

A: YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there are specific legal standards applicable to your type of matter and you don't want to make mistakes in the submissions you file with the court. Those mistakes can dramatically change the outcome of your matter.

You also do not have the luxury of time to wait to see what the judge does with the matter to decide whether to meet with the lawyer. You need to meet with the lawyer now and you need to provide the lawyer with all of the materials filed by your aunt and by you in advance of that meeting so that he knows what has been alleged, what your response was and what concessions, if any were made by you.

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