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
1 Answer | Asked in Child Custody for New Jersey on
Q: I have custody of my 2 nephews. Visit their mom in NC she said file for custody. Can I get them back after 5/6 months

She never filed and the kids are not in the best environment. They are not being properly supervised and being taking care of.

Elena K. Weitz
Elena K. Weitz
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

1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get sole custody of my son if I am unemployed?
Bari Weinberger
Bari Weinberger
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

1 Answer | Asked in Child Custody for New Jersey on
Q: My son and I have been raising his two sons from birth. My grandsons are 4yrs and 3yrs old. How can I file for custody
Bari Weinberger
Bari Weinberger
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

3 Answers | Asked in Child Custody for New Jersey on
Q: I am the custodial parent of my son , can I take him out of the country without the fathers permission ?
Elena K. Weitz
Elena K. Weitz
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.

View More Answers

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I have sole legal and residential custody of my child.

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

William N. Sosis
William N. Sosis
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.

View More Answers

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I am the custodial person of my son , does this mean I have full custody of him ?

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 ?

Bari Weinberger
Bari Weinberger
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

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I move out of New Jersey with our daughter if her father moves to Texas?

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

William N. Sosis
William N. Sosis
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

1 Answer | Asked in Child Custody for New Jersey on
Q: I am a non custody parents.the mother has full custody and rights to minor how can she give temp custody to me? And does

Father has zero right no visitation of the minor how does that effect this process or help

Elena K. Weitz
Elena K. Weitz
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.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What state will have jurisdiction?

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?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2018

It will be 6 months until NJ could have jurisdiction, but the court could decline to do so.

3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have been the only caregiver of my 6 month old daughter and now her father wants overnight visits 2hrs away is it alwd

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

William N. Sosis
William N. Sosis
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

View More Answers

1 Answer | Asked in Child Custody for New Jersey on
Q: Can my ex take me back to court for more time with the girls if I have sole custody? If so will he get it?

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

William N. Sosis
William N. Sosis
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

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If a non biological father has been granted joint custody of a child, can the mother seek child support?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2018

Yes, she should be able to do so, what is the status of the biological father ?

1 Answer | Asked in Child Custody for New Jersey on
Q: What is the process for a change in venue for a custody hearing?

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?

Elena K. Weitz
Elena K. Weitz
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.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Can my child's father evict me?

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

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2018

You can share joint residential custody of a child, not an apartment.

1 Answer | Asked in Family Law, Adoption and Child Custody for New Jersey on
Q: Im the one that asked about the emancipation so say if my parents dont want to sign it what else can i do?
William N. Sosis
William N. Sosis
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

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My kids mom wants to move thousands of miles away. Can she do that even though im obviously opposed to it?

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

William N. Sosis
William N. Sosis
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

View More Answers

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My cousin passed away and her 2 children have never met their father how do I get full custody

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

William N. Sosis
William N. Sosis
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.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: I have been taking care of my foster child sense she was born, she is now 8 years old and have been adopted by her aunt

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?

William N. Sosis
William N. Sosis
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.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My husband's ex refuses to sign paternity acknowledgement papers. They have no formal support/custody order in place.

The mother is withholding their 5 year old daughter from him because she's demanding more money. How can he get his paternal rights so he can take her to court and get an official support order? She uses their daughter as a bargaining chip and when she doesn't get her way, she won't... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Financial support of children and parenting time are unrelated. Your husband's ex-wife is not permitted to link the two together and make demands. Even though you say the child was born and lives in PA, your husband has rights. You should consult an attorney.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Exe needs to maintain "equivalent health coverage" for kids. Can he switched from PPO (no deduct) to POS (high deduct)?

Marital Settlement Agreement that says exe needs to "maintain equivalent health coverage for kids"

He pays 100% of premiums. I pay first $250 of actual expenses incurred per child (3 kids), and then we split costs after $250 54% (him) and 46% (me) and we split actual costs, can... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Need more facts in order to provide a meaningful answer. But you should know that most health insurance plans are provided though employers/private companies and outside the control of employees. He's probably justified in making the switch to a PPO given the anti-competitiveness in health... 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.