Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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
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 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 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.
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
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
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.
I raise and have been the only caregiver for my 6 month old daughter. Her father lives out of state 2 hours away and he has not spent time with her to know and bond with her. He filed court papers but I fear the safety of my child leaving the only caregiver and environment she knows overnight. We... View More
answered on Jan 25, 2018
Try relaxing. The court will decide correctly based on the child's best interest and fairness to both parents. This is what family court judges do and they do it very well. Taking the high moral ground, histrionics, and disparaging the child's father doesn't work unless you have... View More
I have sole custody of my children my ex and I settled out of court. Our original schedule per our agreement that he has Friday to Saturday 6:30-6:30 every other weekend and dinner Wednesday night.this was his choice what he wanted. He now does every other Friday to Sunday and dinner Wednesday... View More
answered on Jan 25, 2018
Yes, he can take you to court. Circumstances and schedules change in life and courts often make changes to prior agreements when properly petitioned. As far as "will he get it" goes, lawyers aren't fortunetellers or have Ouija boards that can predict the outcome of a case. If you... View More
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answered on Jan 24, 2018
Yes, she should be able to do so, what is the status of the biological father ?
My children's mother works in the courthouse as cleaning staff (employed by the county). She has talked to everyone that works there about our case. I asked for a change in venue and was told it still has to go before the judge and he will decide if the venue has to be changed Is this correct?
answered on Jan 24, 2018
You would need a court order to change venue. The legal requirements for a change in venue can be complicated, so you should consult with an attorney to discuss this.
We've been living in the apartment for 2 years. I'm not on the lease but we do share joint residential custody for this apartment
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answered on Jan 22, 2018
You can share joint residential custody of a child, not an apartment.
answered on Jan 22, 2018
Your parents have a constitutional right to make decisions about you. If they're just acting in your best interest and you just don't like it, you should reconsider what you're trying to do and the shame you might bring them. If you already thought this through carefully, try... View More
My sons three and we live in NJ. Me and her were never a couple or married or anything to that extent. In lack for better words,Things happen. We are civil with each other and have never gone through court for anything. Now she wants to go to MO or AR. She wants to move out there ever since her bf... View More
answered on Jan 18, 2018
You'll need to challenge the relocation in court. If there's a parenting time agreement the relocation might be in violation of your agreement. But regardless, as a non-custodial parent you should file a motion asking the court to prohibit her relocating your son outside NJ. The court... View More
Their father is in and out of jail and across the county my aunt has the kids currently and can't handle them due to her age and wants me and my wife to adopt through kinship is this a fairly straight forward case
answered on Jan 17, 2018
Custody cases are rarely 'straight forward'. You'll need to retain a family law attorney to file an application for change of custody and argue the case for you.
I still take care of her as my own daughter and she looks at me as her father but now I want actual legal connection to her, is there anything I can do as far as adoption or otherwise to make that happen?
answered on Jan 17, 2018
If you were with her since birth until she was eight then you are likely to be deemed her psychological father by the court. It's important to your foster child's well-being that you stay in her life. You should contact an attorney to help you.
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