Legal Question in Family Law in New Jersey

My ex-wife got busted for DWI, has no job and is very close to turning off the cell phones and house phones. She is very close to losing her apartment.

I want my kids badly. (2 girls 13 & 16)

What are my chances of getting them now or if/when she loses her apartment.

Do I have a shot. I am a former law enforcement officer (federal) with an outstanding record.

I live with my current wife and my 2 younger kids in a home that I own and have been in for almost ten years and I have steady employment. (Sefl Employed)


Asked on 5/23/11, 1:55 pm

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

guarantees in child custody cases are hard to come by but based on my experience I would say thatyour chances are better than 50/50. The questionis what is in the best interests of the children. I would suggest that you call my office and set up an appointment.

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Answered on 5/23/11, 2:02 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

It would seem you have a better than average chance. You need an experienced lawyer to fight for you and certainly BASED ON WHAT YOU ARE TELLING ME, the best interests of the children would seem to be in your care. How does your wife feel about this?

Call me to talk at no charge for phone consultation. 215-732-4000 I practice in NJ and PA and am frequently in the courts in Southern New Jersey

Best wishes to you and your family

www.saulhsegan.com

www.seganlaw.net

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Answered on 5/23/11, 7:34 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

These are always fact sensitive issues. In making custody determinations, Courts attempt to protect children's "best interests." This standard ensures a child's safety, happiness, physical, mental & moral welfare.

As stated above, a number of factors bear upon a determination of what is in a child's best interest. Some of these factors are:

1. Parents' ability to agree, communicate & cooperate in child-related matters;

2. Parents' willingness to accept custody & any history of unwillingness to allow visitation not based on substantiated abuse;

3. Interactions & relationship of the child with its parents & siblings;

4. History of domestic violence, if any;

5. Safety of child & safety of either parent from physical abuse by other parent;

6. Preference of child, when of sufficient age & capacity to reason, so as to form an intelligent decision;

7. Needs of child;

8. Stability of home environment offered by each parent;

9. Quality and continuity of child's education;

10. Fitness of parents;

11. Geographic proximity of parents' homes;

12. Extent & quality of time spent with a child prior to & subsequent to separation;

13. Parents' employment responsibilities; and

14. Number & ages of children.

Certain other factors can significantly influence custody determinations by the court.

This is not an all inclusive list and your case needs to be reviewed by attorney. I would also suggest you take action sooner than later if you know her situation is worse than when she was made the parent of primary residential custody.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You cannot rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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Answered on 5/24/11, 9:47 am


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