Legal Question in Family Law in New Jersey

Re: Child Custody

Please be advised that I have not been retained to represent you and I am basing my advice on the limited amount of information supplied. However, legally you have a right to have your child live with you since you have residential custody. Your wife's refusal to answer to door is a violation of your written agreement and you were within your rights to call the police. However, if you entered into an agreement with your wife to allow the children to remain in her residence for an extended period of time, she has a right seek further support from you until the children are living with you. You cannot expect your wife to house and feed your children while you look for a larger apartment and also relieve yourself of support obligations while she still has responsibilities. Filing a motion was proper. A judge will now hear both sides of the argument and render a decision. If you need any assistance or advise prior to going to Court or after the judge decides, I would be happy to assist you. I can be reached at 908-537-7975. If you cannot afford an attorney, be advised that every county has a legal services division to assist those who qualify.

GOOD LUCK!!!

Re: Child Custody

You have done what needs to be done; when people cannot resolve their issues, they file motions and Courts decide. You'll present your side to the Judge, she'll present her side, and a decision will be made. 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. Good luck!

Rob Gleaner