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I need advice for custody.

Moorestown, NJ |

I have visitation rights and my ex girlfriend has sole custody. I see my son 3 weekends out of the month, the first Wednesday of every month, his mother and I alternate holidays, split winter break, easter break, etc,. My son is 12 years old and will be 13 in January. He has lived with his mother his whole life. A little while ago, he told me he wants to live with me. I told him to talk it over with his mother. His mother told him no, and also talked down on me to him. I have been in my son's life since day one. I always pick him up, never miss a child support payment, i go to parent/teacher conferences, attend his sporting events. I do everything i can to be a GREAT father. We both live in NJ but his mother live 20 minutes away from me. What steps do i take?

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Attorney answers 5

Posted

In order for a court to hold a hearing for a change of custody you must first prove there has been a significant change in circumstances that that is affecting the best interests of the child. It is an extremely expensive and drawn out endeavor. An alternative is for you and mother can agree to your getting more parenting time. Best of luck.

973-984-0800. Please be advised my answers to questions does not constitute legal advice 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.

Posted

Looks like you don't have to do much - your son obviously loves you. If there is a significant immediate threat to your son's welfare - resulting from the current parenting arrangement, see an attorney for a consultation to decide whether more fact gathering is required and/or whether or when to file a motion with the Court. If the status quo is simply that he wants to spend more time with you, you may want to do as my colleague above stated (talk to mom) and you may also simply ask the Court (or mom) for more visitation... Regardless of your decision you should consult in private with an attorney.

www.GardenStateLaw.Com

Asker

Posted

I tried talking to the mmother and she refuses. She doesnt work so my child sport is her paycheck. He is neglected and I'm tired of it. Everytime I talk to a lawyer in person they all tell me that its going to be a long process. My son doesnt want to live with her anymore so why do I need more reason than that?

Santos A Perez

Santos A Perez

Posted

It's a matter of *proving* to the court that your son is not being coerced by Dad or anyone else...Your son's opinions are only one side - you (generally) have to have proofs that he is in fact being harmed by this and that this is in fact occurring...You may also have to explain to the Court why is it that he was placed w/ mom to begin with, and if those particular reasons have changed... Each case is ridden with specific details so it is best for you to consult with counsel in private...

Posted

You can file a motion to modify the custody arrangement but as my colleague pointed out you need to show a change in circumstances that warrants revisiting of the custody issue. If you believe there is such a change in circumstances, you can consult with a lawyer who will be able to review all facts and circumstances pertaining to your case and advise you accordingly. Many of us provide free initial consultations, so take advantage of that. Good luck!

This answer is for informational purposes only and should not be construed as legal advice.

Asker

Posted

What change of circumstances do you mean? He is unhappy, feels neglected, and tells me that his mother doesnt help him with homework and spends most of his time at home in his room.

Aneliya M. Angelova

Aneliya M. Angelova

Posted

That may be enough. As I suggested in my post, schedule a consultation with a family lawyer so you can get thorough evaluation of your case and advice on how to proceed.

Posted

You need to determine what circumstances have changed since the time that the custody/parenting time order was entered and then present them to a court.

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

Posted

If change of circumstances, file a motion to modify the custody

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