Legal Question in Family Law in New Jersey

11/20/2015

Hello I am in New Jersey and I need an opinion on this case

What should I do?

We got married on June 2009

In 2010 my ex-wife tried to commit suicide slashing her through and both wrists

I have a lot of police reports regarding our bad marriage

I divorced my wife in Apr 18 2013 for many reasons domestic violence due to her bipolar and mental illness and her dissertation in Feb 2012. She left to Indiana and text ting me once every couple of month to ask about the kids. Then she moves to Florida and the texting from her stopped and was because of her arrest for prostitution and soliciting. When she got out she started to text again but this time I started to get call from her friend pretending that he was a lawyer and he threatened me several times. There was when I decided change my phone number and to hire a lawyer, when my lawyer sent her the document of divorce she never answered although she had 35 day to answer. I also fail for sole legal and physical custody at the same time everything was going good until Apr 18 2013 when surprisingly my ex-wife appears in court to fight for the children. My lawyer told me that we can fight to get what I was filing for but he said that it will cost me more money and time. At that moment I did not have the money and I couldn't get it so my lawyer gave me the solution to file for joint custody. I have no choice but to accept his proposition. The court decision was that I got to have the physical custody of my kids and my ex-wife got visitations under my supervision, also the court allow me that I can temporarily relocate the children to my native country if it was necessary, I can get the passports for my children without her consent. Two days after the day of the divorce she left New Jersey again and went back to Florida. She was texting me once a month and then once every 2 or 3 month again to ask about the girls. She never came to visit them, or send them a letter, or a present or anything. My ex-mother in law was that one that let the kids spent the night on her house while I was working and then during the day while I was in college they were attending daycare paid by the state. Everything was going pretty well until my ex-mother in law starting to complain about the situation and told me several times that she couldn�t take care of the kids anymore because her and her husband were old she had the custody of my ex-wife first son which was removed from her custody since 2001, also said that I was taking advantage of them by bringing my kids to them at night while I was working, also told me several time to give my kids in adoption I got very stress out and there was when I decided to take my children to my mother in my native country due the issue that I didn�t have no one to take care of them and because I wanted to give them a better life when they come back, I started the process to enlist on the military reserves. On Dec 2014 she file a motion against me in New Jersey from Florida because she want that I bring the kids back from my native country, she wants the custody to be granted to her, she wants her mother to have parenting time with the kids. I answer the motion and explained my situation and my plan to the judge and ask him for at least 12 to 18 more month of time to bring my children back to the U.S. On March 2015 court deny her motion and only allow her to Skype our children on the computer. My ex-wife text me on Oct 2015 to let me know that after she was for long time in Florida she decided to move back to Indiana and three weeks later she said that she moved to Arizona. She also text and said that our divorced wasn�t fear because I get to file and clime them on the annually income tax and she doesn�t but I reminded her that I ask the judge to remove from her the child support obligations.

As I still waiting for the shipping day to the Air Force boot camp, my daughters still in my native country the only I have from the military is a letter issued to me by my recruiter saying that I am in a waiting list to form part of the Air Force Reserve, that letter is for court purposes as evidence that I am in process. Now on Nov 6 2015 my ex-wife hire a Lawyer and he sent to my lawyer a letter and he letter said that she wanted to know when the kids will come back and she claim that they were out of the country for nearly two years, when actually the kid are in South America since Jun 4 2014, she also claim that she does not know who is taking care of the children, knowing that my mother is the one taking care for the kids, she also claims that she does not know if they attending to school, when I told her several times this, and her petition is that she wants her mother to be her supervisor and not me when the kids come back to the U.S. I am really mad about this situation she keeps suing me every few month and I do not have the money for layers all the time. That money I could use to send to my mother to support my kids.

By the way I know that my ex-mother in law has no matter on this case but she is the one manipulating my ex-wife to sue me in court, she the one that brought back my ex-wife from wherever she was, she is the one that paid for my ex-wife lawyer. My ex-mother in law has no matter in the case but she is very involved through my ex-wife. She text me many times asking me to bring my children back and she also said that she will take care of them but I do not want to go through the stuff that she made me go through again besides who can warranty me that my ex-mother in law wouldn�t do the same and put me at risk again. I would not let her manipulate me or intimidate me again.

My plan is to bring my kids after I finish with Air Force boot camp and also bring my mother to help me by watching the kids while I am working.


Asked on 11/20/15, 9:30 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Your situation is quite complex and this forum is not really designed for such cases. If you want to discuss a complex case like this, call me at 1-855-9-JEFLAW

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Answered on 11/20/15, 9:32 am


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