Skip to main content

How do I pursuade the judge during my divorce trial that I should be the parent of primary residence and I should keep my house?

Montague, NJ |

My husband is completely uncooperative and is dragging our divorce to trial. He's fighting me for the kids (I've always been the primary caretaker, DYFS has been involved because of him) and the house (deed and mortgage are in my name only, no equity). Basically, he doesn't want to have to pay child support, and he has defied court orders to pay the monthly mortgage so MY credit is ruined. His first wife got sole custody of his other children.

+ Read More

Attorney answers 1


Good question. A judge will have to rely upon a statute, NJSA 9:2-4, which sets forth 14 factors to be considered. Specifically, Pursuant to N.J.S.A. 9:2-4, the factors to be considered by a custody expert when making a recommendation to the Court are: 1) The parents' ability to agree, communicate and cooperate in matters relating to the child; 2) The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; 3) The interaction and relationship of the child with its parents and siblings; 4) The history of domestic violence, if any; 5) The safety of the child and the safety of either parent from physical abuse by the other parent; 6) The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; 7) The needs of the child; 8) The stability of the home environment offered; 9) The quality and continuity of the child's education; 10) The fitness of the parents; 11) The geographical proximity of the parents' homes; 12) The extent and quality of the time spent with the child prior to or subsequent to the separation; 13) The parents' employment responsibilities; and 14) The age and number of the children.

I would explore what you mean by 'sole custody" and determine whether that is by way of a court order.