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Do I need an attorney? What do I need to do.

Newark, NJ |

last year I was given custody of my son who 7 years old. his mother left him behind an attempt to move to Puerto Rico.now that I have custody of my son his mother all of a sudden wants him back it's been 2 year's since she's returned. she is unemployed and and receives welfare. I am not.and she also has a 5 year old daughter. I have a court date coming up next month and she's trying to move next to me so that she can keep our son in the same school district. There is the history of her being involved in domestic violence with the 2 previous men .she recently attack me in front of our son to the point that I had to put a restraining order on her and she's always constantly moving. I'm just not sure what to do here. will I lose custody of my son? joint custody will not work

Attorney Answers 4

Posted

Nothing in your posting suggests you will lose custody. Generally speaking, the courts favor maintaining the status quo, and thus, the mother would have to prove a good reason to change the current arrangement. Nevertheless, it is still VERY important for you to get local legal counsel to assist you because not putting your best case before the court could cost you custody. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Posted

It must be so stressful for you and your son to be going through this. Does she have parenting time? Is the court date her motion for custody? She has the burden of proving there has been a change in circumstances which significantly affect the best interests of your child. It doesn't sound like she has met this burden. Good luck.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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4 comments

Asker

Posted

She gets parenting time..she used to get every other weekend byt that has since changed after she refused to return him and lied about where he was...which was not with her..now she gets a few hours here n there..yes the court date is her motion. But we filed the same day..I asked for a modification to my arrears payments. Since I receive no help from her

Yolanda Navarrete

Yolanda Navarrete

Posted

If the court lessened her parenting time, there is almost no chance she will get custody. I wish you the best.

Asker

Posted

The court never gave her time..not black n white...we agreed. .but once she hid our sons location from me it made me uncomfortable. .so I don't let him sleep over anymore. .

Yolanda Navarrete

Yolanda Navarrete

Posted

That would have been unacceptable to a court as well.

Posted

You need to speak with a lawyer who can review the facts of your case in person and discuss with you confidentially about child custody and how your case will likely turn out. You need to do this prior to your court date. These cases are often emotionally charged and the fact that there is incidents of previous domestic violence can complicate this case. Other questions to address include: What kind of custody arrangement exists now? Is there a TRO or FRO issued? Good luck in Court and speak to an attorney ASAP even if you don't retain one so you have a sense of what direction your case is going.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

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Asker

Posted

RO was dismissed. I have full custody. .

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

My contact information is on my profile if you wish to discuss this matter further.

Posted

I don't see any reason that custody would be changed based on what you've said, but, as has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain. The stakes are too high here to skip at least getting a consult with a professional.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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