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Custody

I have been divorced 1 year. Due to the circumstances at the time I gave residential custody of my 12 year old daughter to my ex-husband. We live in the same town however I hardly see her due to not having a car. My ex doesn't always comply with arrangement to see her. Question, can I now file a motion for custody? Divorce decree states we have joint custody now, but I want her to live with me. Will the judge think I am bad for not having her for a year? Due to the circumstances of the diovrce I had no money, job, lost home and am currently on welfare. He is also on public assistance so he is not really suporting her either.

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Attorney answers (1)

Reputation Level 20
A lot depends on how the child is doing. Being on public welfare is not a bar to being the custodial parent. The court looks to the best interest of the child, not the wishes of the non custodial parent. Assuming your ex is taking care of the child, the court is unlikely to switch custody. You can certainly motion for the ex to make it easier for you to see the child since parenting visitation is an important legal right that you have and it is important for an adolescent girl to have contact with her mother.

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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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