Found an issue on this page? Let us know and we will look into it as soon as possible.
Child custody in NJ
Anonymous4 views4 answers
I moved with my son and my wife from NJ to Florida 3 years ago. My ex wife has joint legal custody, with monthly visits. A few months ago my current wife and I separated. My first wife who has joint legal custody is try to get custody of my son reversed. With me his biological mother getting visitation. She is using changes in circumstances. How can I defend myself and my son as moving with her would not be in his best interest. I will note that I do have a job. My son and I live now with friends as I was evicted from my home. I also have felony charges which I have plead not guilty and am waiting a resolution. My son has remained in a private school since we moved to Florida. He maintains straight A's and is one grade level above his age. He has medical coverage.
Changes in circumstances is not the standard that the Court will use. Instead, the standard is the best interests of the child. She would have to prove that a change in custody is what is best for the child. You will have to convince the Court that the opposite is true.. The felony charges could present a major problem for you. It would be best for you to retain counsel immediately.
If you and your son are still in FL, then it is possible that FL and not NJ has jurisdiction over the custody issue since he has lived there for 3 years AND most of the information about him is in FL. The person seeking to make the change has the burden of proving that the proposed change will be in your son's best interest. If you have to serve time in jail resulting from the pending criminal charges this could support her view, at least for the time that you are unavailable to be his parent. If the present household he lives in is safe, stable and he has sufficient space for his room, and he continues his school performance, she would have to prove he would do better with her. I agree this will go better for you if you have legal counsel for both the felony charge and the custody matter so you get the best outcome for both.
If your former wife is proceeding on the basis of "changed circumstances" she has made a mistake. of course it would be helpful to know what specifically is pled as constituting the change in circumstances. If the allegation relates to your separation from your second wife, such a change would not be, in my opinion, sufficient. If the alleged change relates to facts and circumstances surrounding the "felony charges" there may be a problem but basically, your former wife should be proceeding on the basis of the "best interests of the child". Apparently, your son seems to be doing extremely well in school, but you have not provided any specifics as to other potential claims that could be made related to the felony charges.
The lesson to be learned here is that child custody issues arise in the context of what is in the best interests of the child. It is a very wide area and all the Courts are seeking is what isbest for the child.
