Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Feb 18, 2018
Any crime can be pardoned by the governor, but rarely happens, as for expungment more in information would be needed to determine your eligibility.
Our court order states that I have to fly to NJ to pick up our kids and bring them back to Arizona with me for my visitation. The order states that she has to fly to Arizona to pick them up and go back to NJ. She says that she's not able to pick them up because of finances. So what will... View More 
answered on Feb 18, 2018
You can file for sole custody...but whether your request is granted depends on many factors...such as how a change in custody will affect the children. Your ex-wife might decide to file for a modification of the parenting schedule and/or child support based on changed circumstances. Alternatively,... View More
Biological father is not in the picture, and he pays no child support
answered on Feb 18, 2018
Parental rights are never terminated lightly because it's a constitutional right. However, if you motion the court and show that (1) the biological parent has abandoned his parental obligations and (2) that the best interests of children would be promoted through adoption, then yes. It also... View More
Going through a divorce I am a step parent of two boys their mother passed away 8 years ago I been raising them for 7 years do I have any rights ?
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about your step-children.
The short answer is possibly. In New Jersey, in all cases involving the custody of children, the court must always determine the best interests of the children. The court must apply several factors to... View More
They both live in the house, and are constantly arguing, my son filed with the courts when he found out she was planning to go to Ohio without his permission so they have papers saying the children cannot leave the state now, this has turned my daughter in law extremely angry, and has to wait... View More
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about the safety and well-being of your grandchildren.
The short answer is possibly. In New Jersey, in all cases involving the care and custody of children, the court must always determine the best interests of the children.... View More
And I did a verbal agreement with him but we never settle visitation. How does that works? How many days in the week I have to let him come to my house
answered on Feb 13, 2018
Overnight visitations can take place for a child 6 months old. A verbal agreement is not valid, however. You need to get everything in writing and signed by both parties. The best way to go is to have an attorney write a court order with all the terms you agree on and then both of you sign and it... View More
He also wants to know my current address after 5yrs I'm I obligated to let him know. He also wants to change his visitation days too more. What are the chances he will receive it?
answered on Feb 12, 2018
It’s difficult to say whether he will get the increase in visitation and decrease in support without more details. Both changes involve consideration of a many details. It is possible what he requested will be granted depending on the details, but without more information it’s hard to give you... View More
The father lives out of state (where I used to live). If he does show up for the birth, what custody is he automatically entitled to by signing the birth certificate? I want him in her life, I am just worried about non-supervised visitation with an infant.
answered on Feb 13, 2018
Thank you for your question. I know how worried you must be about custody of your unborn child.
The short answer is that more information is needed. Where will both parties be living? Are both parents fit? Will you be breastfeeding the baby? Are there siblings involved? What is the... View More
My child's father is emotionally abusive and I'm certain he will lie about his living/working situation or lie about me to avoid being held accountable. Is it possible to get child support and refuse parenting time on grounds of his consistent absence and past threats of abandonment?
answered on Feb 6, 2018
The court will determine parenting time in the best interests of the child. The lack of contact between the parent and child will be considered by the court, as will appropriate living conditions and any child abuse. I’m unsure if you are indicating that the father is emotionally abusive towards... View More
She never filed and the kids are not in the best environment. They are not being properly supervised and being taking care of.
answered on Feb 6, 2018
I’m not sure I understand what is going on here, if she filed for custody or if you are filing, or she told you to file. I also would need more details about if there is a current court order saying who has custody. Either way, if you are seeking formal custody or you have custody, a 5-6 month... View More
I may have gotten my gf pregnant, however there is a possibility that one other guy might be the father. I don’t feel that either of us is ready for a child. She wants to keep it, but I don’t want to be a part of the child’s life. What does it mean to wave my parental rights? Will I have to... View More
answered on Feb 6, 2018
Thank you for your question. I am happy to assist.
I understand your concerns relating to being financially responsible for a child. First, it is critical that you be determined to be the parent of the child. This is generally established by the signing of a certificate of parentage or via... View More
My wife's mother had just died and she was struggling going through postpartum depression she gave up primary custody of her one-year-old to a friend. Now the friend is refusing to let my wife see her child and she wants to regain custody. How hard would it be for my wife to regain custody of... View More
answered on Feb 12, 2018
Thank you for your question.
If your wife’s friend does not agree to give back custody of her children, she will have to file a motion to modify same. There must be a change of circumstances to warrant a change in custody. Additionally, you must also show that it is in the child’s... View More
answered on Feb 5, 2018
Thank you for your question. I know how worried you must be about the care and well-being of your grandsons.
The short answer is that in all cases involving custody of children the Court must consider the best interests of the children. As a current caretaker for your grandsons, the Court... View More
answered on Feb 5, 2018
Thank you for your question. I know how worried you must be about the custody of your son.
The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both... View More
answered on Feb 1, 2018
If you have joint legal custody, you will need the father’s written permission, even if you are the custodial parent. If you have sole legal custody you do not have his permission.
Even though DCP&P is involved with my child's father due to drug use and past domestic violence towards myself and my oldest son I am being forced to remain in contact with him. He has yet to have met any directives from DCP&P and the judge continues to disregard their requests. Is... View More
answered on Jan 31, 2018
You need to get a restraining order against him. Do it immediately and don't wait. There are 24-hour hotlines available or contact a family law attorney if you need help.
My daughter's father and I are not married. He has recently ended the relationship and is planning to move to Texas. He is also selling the home we are currently living in. I have no family so would like to move to Florida, closer to family. Can I do this or do I have to remain in NJ for a... View More
answered on Jan 30, 2018
Yes you can unless there's an order prohibiting you. You're not tethered to NJ especially when the other parent moves out of state also. But it's not to say he can't try to object to your moving by filing a motion. He might argue that your moving to Florida somehow interferes... View More
I want to know if I have full custody of my son , I put his father on child support , put he haven’t given me a penny and he wants to see the baby. I don’t want him to see the baby, can I do so if I am the custodial person of my son ?
answered on Jan 30, 2018
Thank you for your question. I understand how worried you must be about the care and well-being of your son.
The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised... View More
Father has zero right no visitation of the minor how does that effect this process or help
answered on Jan 27, 2018
If both parents agree, you can enter into a consent order setting the change in custody and how long it will last and other terms you agree to. You likely would benefit from the advice of an attorney to help you draft the order.
My childrens father lives in missouri and currently we are in florida (who currently has jurisdiction). In a week we will be moving to new jersey. What state will have jurisdiction of children?
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answered on Jan 26, 2018
It will be 6 months until NJ could have jurisdiction, but the court could decline to do so.
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