Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2023

A full custody case is a very expensive proceeding, which will require expert testimony. You need to make sure that you have the resources to retain the attorney and the necessary experts that will be required. You do not want to bring a case for custody and lose for lack of resources. With modern... View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?
Richard Diamond
Richard Diamond
answered on May 5, 2023

If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: DCP&P LEGAL ISSUES

Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.

While I'm being ignored, court was adjourned twice and then canceled today.... View More

Richard Diamond
Richard Diamond
answered on May 4, 2023

The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Is this parental kidnapping if we can’t agree?

My ex and I previously lived in the same apartment and have a 5 year old. We did exchanges through daycare 3 times a week. I have since moved and live over an hour away and can’t do exchanges 3 times a week. I asked for biweekly exchanges and my ex refused. So I compromised for weekly exchanges... View More

Richard Diamond
Richard Diamond
answered on Apr 15, 2023

The best suggestion that I can give you is to schedule a consultation with an experienced family law attorney as quickly as possible to review the materials submitted to the court by you and by your ex, so that the lawyer had a better understanding of each sides claims to give you a better sense of... View More

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Custody for New Jersey on
Q: I’m looking for an Attorney not afraid to take on a public entity…
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2023

It could be difficult for attorneys here to respond to your request. This forum is basically a Q & A format, and it doesn't work like an attorney referral service. In addition to your own online searches for attorneys, you could use the tab above, "Find a Lawyer," or check the... View More

3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: How would I go about getting my children back from protective custody housing system?

Their mother took them into a battered women's shelter, but I have custody of them.

Bari Weinberger
Bari Weinberger
answered on Feb 22, 2023

Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... View More

View More Answers

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Is it possible to have joint custody or share custody of my nephew with my sister(his mother)? Or would I adopt him?

We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.

Richard Diamond
Richard Diamond
answered on Feb 19, 2023

The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: Can I get divorced and then do child custody afterwards?

And what can I do to get visitation rights if my kids live in another state

Richard Diamond
Richard Diamond
answered on Feb 17, 2023

In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.

Separately, I gather you live in New Jersey and your spouse and children live in a different...
View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... View More

Bari Weinberger
Bari Weinberger
answered on Jan 12, 2023

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What is consider a witness list to provide to the court to get sole custody?
Richard Diamond
Richard Diamond
answered on Dec 28, 2022

A witness list is an identification of the witnesses you plan to call at trial. I am sure that the court also required you to submit a pre-marking schedule of documents you plan to you on your case starting with a complete listing of each document. As part of the pre-marking requirement, I am sure... View More

2 Answers | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

The judge in a custody case is the wrong person to be discussing this matter with.

You need to communicate exclusively with the detective assigned to investigate the criminal complaint.

Don’t even bring the subject up in the custody case or the perpetrator will be able to use...
View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... View More

Richard Diamond
Richard Diamond
answered on Dec 5, 2022

The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... View More

View More Answers

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: My mom adopted my child because I was in prison. My child has lived with me for 2 years. How can I overturn the adoption

My mom says she doesn’t want my daughter and verbally and emotionally abused her. I’d like to overturn the adoption and get my rights back

Richard Diamond
Richard Diamond
answered on Nov 1, 2022

The first question is whether your mother formally adopted your daughter or whether she simply took guardianship of her as a result of your incarceration. But, if your mother no longer wants control over your daughter and you are able to handle the responsibilities, then ask your mother to sign... View More

2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: If there's nothing currently in writing with court can the mother take a child out of state away from father

My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Oct 12, 2022

Tell him to retain a qualified family law attorney:

N.J.S.A. 9:2-2 states the following:

When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or...
View More

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... View More

Richard Diamond
Richard Diamond
answered on Oct 6, 2022

You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can my son grandmother get any rights to my son. I already have joint legal custody that I share with my son mother .

The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

Richard Diamond
Richard Diamond
answered on Aug 8, 2022

Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's... View More

1 Answer | Asked in Criminal Law and Child Custody for New Jersey on
Q: Im 17 my boyfriend is 18.if I have a video confection of my mother kicking me out could she put a runaway report on me

Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have sole legal and residential custody. There is nothing about visitation on divorce. He sees sim 2x a month.

This is the 2nd time I get him and he has a alarming mark on him. First time a deep scratch on pubic area. Today 3 red mark on the side of his neck. I asked father both times with pics and he says he knows nothing about that. I’m worried and I want to know what should I do now ?

Richard Diamond
Richard Diamond
answered on Jul 19, 2022

Is the reason why you have "sole custody" of your child because of concerns over physical violence from the other parent? I dont know how old your child is but if you have concerns over the presence of marks after a visit, then contact DCPP and let them know what your concerns are and let... View More

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.