Q: What should I expect in a sole custody case against incarcerated father with threatening behavior?
I am considering taking my child's father to court for sole custody. He has been incarcerated since our daughter was 4 months old, and she is now 7. He has been inconsistent in maintaining a relationship with her and has made threats to me, which makes me concerned for her safety, as he knows where we reside. I have been her primary caregiver since she was a baby. In 2022, I attempted to get a consent order for sole custody, but he claimed not to receive the papers, even though my attorney sent them three times. Due to his history of threatening behavior and getting violent when angry, I am particularly worried about my child's safety. What should I expect from the court process?
A: Theres too much to unpack in your inquiry to simply tell you yes or no. You need to have a consultation with an experienced family law attorney to discuss the details of the threats ( when made, how made, etc) and the best options for you for your protection and for the protection of your child.
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A: You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. You will be able to obtain primary residential custody, with the Defendant precluded from having any contact with both you and the child. You will probably need to file a separate custody action. But to determine that more facts are required. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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