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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: I am divorced and my youngest daughter is not happy with her mother. How can I get custody of her.

She is now 15 and calls me all the time crying. She should not be this unhappy

Noel Rivers
Noel Rivers answered on Feb 15, 2020

The short answer is that in order to seek a change of custody, you must file a motion in court requesting the court to order a change of custody. Given the age of your child, the court may be willing to consider her preferences with respect to which parent she prefers to live.

This can be...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time?

My ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time? Will this require legal action? I pay minimal CS, and will follow up with my atty on that, just wondering about choice of physical location? Thanks

Bari Weinberger
Bari Weinberger answered on Feb 11, 2020

Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is trying to take custody of his child does it count if he gave up his rights via text message? Im in NJ
Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: I found my baby girl (4 month old) dad molesting her. Can I get full custody?

I don't have a video or prove. I saw him and I confronted him. Can I go to court even though I don't have a lot of prove. Only messages.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

You should have called 911 if you did not already do so and press criminal charges. You need to be represented by an experienced matrimonial attorney, this is not something to even think about attempting on your own.

1 Answer | Asked in Child Custody for New Jersey on
Q: I share Joint Custody of my two children. Oldest child is 15 wants to live with me due to hostile environment

My almost 16 yr old wants to live with me and feels unsafe there due to emotional and mental abusing behaviors of her Father. I need to know how to proceed. Would she be able to still attend her school and live with me? He has gotten worse in his behaviors over the years. My oldest seems to get the... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

Thank you for your question. To obtain a change in residential custody, you must first demonstrate that there has been a change in circumstances from the last time custody was addressed (i.e., the last court order or agreement). It sounds like your circumstances may qualify. It is imperative... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: I want to move out and i have a place to go, my parents wont give consent. Im going to be 18 in 4 months, it it illegal?

I am planning to move in with my best friend I've known for years, and her parents are completely okay with it as long as they don't get into any legal trouble. I don't feel comfortable living here at all and I have no relationship whatsoever with anybody in this household. When i decided to tell... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 16, 2019

You are still unemancipated, so you cannot move out. But, a minor child may be allowed to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others

1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get child support from ex-husband if he refuses to leave our martial home? He said he would in paperwork 1yr. ago.

He has joint custody and wants kids Half the week. My 16 year old feels that will be hard moving back and forth in middle of the week. She also doesn’t want to live with him as she would be going to a room that is too tiny and won’t have space while my 9yr. Will have bigger room. She wants to... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 6, 2019

Thank you for your question. It sounds like you have several issues going on. Each situation is unique, so the answer is almost always "it depends". If you have a Court order or agreement that says he will move out and he has not then you should consider an enforcement action in court. The... Read more »

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: i Have my son 6 Overnights a week, and 4 days. His father has him 1 overnight and 3 days. What type of custody is this?

I am trying to figure out what type of custody this is(60/40, 70/30, 50/50) and if I qualify for child support. I have my son over night Sunday-Friday.. and his father has him over night, only Saturday, and I pick him before 5 on Sunday evening. He also has him during the day Monday from 4-9 and... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 4, 2019

Thank you for your question. Child support and parenting time can be confusing for a lot of people. It does not matter how you describe your parenting time situation. In New Jersey the percentage of time is determined by the overnights the child spends at each home. If the child spends more... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: My husband has been unemployed for 6 years. I filed for divorce and he is in default. Now suddenly he has a good job. I

I already sent in equitable distribution papers asking for things at a lower level . Can I change the papers

Leonard R. Boyer
Leonard R. Boyer answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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1 Answer | Asked in Child Custody and Collections for New Jersey on
Q: Can I move out at 19 without a parents permission? And will the cops get involved ?

I have strict parents and I’m 19 they do not let me do anything I want to move you but I’m afraid that they’re going to call the cops.... can I move out at 19 without their permission ??

Teresa L. Reichek
Teresa L. Reichek answered on Oct 4, 2019

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: I go a letter from nj with both "custody" and "parental time" from her dad whose in jail and his mom can they get 100%

Is this for visitation or full custody? Her father is in jail awaiting a case of domestic violence against me! Can his mom take her? If so, why would she be able to? I work and provide myself and get food and a home, clothes and toys. She's the happiest kid you'll meet. She's fat and healthy. I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 15, 2019

Your not yet ex-husband and his mother have ZERO chance of getting custody or visitation.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: Can a defendant impeach a plaintiff after the plaintiff testified?

In a child custody case can a defendant impeach a Plaintiff using evidence once the plaintiff finish testifying?

Leonard R. Boyer
Leonard R. Boyer answered on Sep 1, 2019

Yes, that can be done, but only by an experienced matrimonial trial attorney. Trying to represent yourself in any matrimonial or family matter is an extremely bad idea. You do not know the rules of Court, Evidence, Procedure or Case law.

2 Answers | Asked in Child Custody, Child Support and Domestic Violence for New Jersey on
Q: Is it okay to drop charges of domestic violence ? Will this affect me getting child support ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 27, 2019

Child support has nothing to do with a restraining order so no it should not affect it.

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