Legal Question in Family Law in New Jersey

Sole Child Custody

I'm a husband who is seeking legal advice as to sole custody of my two (2) children in an upcoming divorce. I have been primarily and solely responsible for my children's health, education, home and moral & spiritual guidance.

It always seems traditional that in custody cases the children go to the mother but that's just not fair! My wife has never been in a position to take care of them and 95% of their welfare has been attributed to me. I've basically been responsible for their existence, except for childbirth!

What are my chances of obtaining sole custody of my children, as a man and loving father? They are all I have left and all I care about.

In addition to taking care of my children, I have been responsible for the citizenship of my wife, her employment, education, her parents sponsorship into this country as well as two more of her children from previous relationships. The emotional turmoil has been devastating for me with no spousal or moral support. The stress and emotions has been affecting my health. What can I do??


Asked on 5/22/03, 9:51 pm

4 Answers from Attorneys

Bruce Matez Gerstein Grayson, LLP

Re: Sole Child Custody

Fathers today have equal access to the Courts in custody matters. The traditional concept of mothers obtaining custody is not the status of the law any longer. Fathers do prevail in custody disputes. As far as the emotional turmoil issue, there is really no basis to seek any damages per se, unless you can prove some substantial abuse. Unfortunately, the law does not really provide for a spouse to recover emotional distress type damages for lack of support, both financial and emotional. If you would like to further discuss these issues, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 5/23/03, 5:59 pm
Gary Moore Gary Moore Attorney At Law

Re: Sole Child Custody

It us always a matter of what is in the best interest of the children. You might call me at 800 273 7933 to discuss your situation. You can visit my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp.

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Answered on 5/22/03, 11:31 pm
Edward Weinstein Law Office of Edward R. Weinstein

Re: Sole Child Custody

Thank you for your inquiry.

Based upon the facts that you present, I believe that you have a strong case for physical custody. However, I need to learn more facts in order to determine whether you will successful with sole custody.

It would be my pleasure to speak to you about your custody. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 5/26/03, 8:21 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Sole Child Custody

You certainly seem to have very good facts upon which to base a "sole custody" argument. I do not agree with you that the kids always seem to go with the mother. Probably the only good thing that the feminist movement has done for us(sorry for the bias), as a society, is giving men more equal footing in child custody arrangements. I like your factual scenario. See a lawyer to attempt to put it into effect. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 5/23/03, 10:06 am


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