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best interest determinations when one party has committed fraud
Trenton, NJ
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Posted 6 months ago in Child Custody
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Will it be a factor in a custody case if one of the parties involved got custody of a child through fraud and another party was never served. I know after a certain amount of time(in this case a year and a half) the best interest of the child is the litmus test. However, the person who got custody(in this case a grandmother) never told me she was filing, never served me, and filed the order under false information. Is credibility a factor? And also if in the original filing there was no allegation of a parent being unfit and the only reason for filing was the child was in the house would the argument of instability be a valid one at this point. Wouldn't the question be if the parent was unfit why was that never mentioned previously.
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I did know where the child was living. It was a verbal arrangement between grandma and myself. I did not know that grandma had went to court to secure custody. Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 6 months ago.
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The court does not consider the unfit nature of the parent; the court does consider the best interest of the child. The court will wonder why you did not know what was happening, since even if the grandmother did not send proper notice to the court, you should have had some knowledge of where your child was. Credibility is a factor but the court's focus will be on how the child will do taken away from its present home. You might want to start off by securing visitation rights. Do this with an attorney, it can get complex.
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