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  1. #1
    Join Date
    May 2014

    Default Filing for Primary Custody of a Child Living Informally With the Non-Custodial Parent

    My question involves a child custody case from the State of: new jersey
    Im going to try and make this as concise as possible but there is a LOT of crazy history. If I pose more questions than I give answers, please ask.

    May 1st my husbands 10 year old son was sent to our house by his mother because she couldn't handle him. As soon as he came to our house we talked to him and he made it perfectly clear that he hated her and was scared of her. He claims she is abusive both mentally and physically. He is also failing the fourth grade. Between May 1 and May 12 he stayed at our house without much interference from his mother, expect May 5th at a baseball game (he plays) she was yelling at him and he walked away and she grabbed him and tore his shirt and scratched him. We notified his cps caseworker and she took pics of his scratch and spoke to him. Cps said they dont believe there is any issues with him here and that his mother needs to file with family court. After mothers day when he refused to speak to her or see her she began threatening him in phone calls that she isnt his mother anymore and he isnt allowed to play baseball if he doesnt mal the right decision (to go home) and telling him he is gonna make daddy go to jail and daddy has never been there for him. On may 16 she called the police to demand he be returned to her. The police came to our house at 10 pm and determined they weren't going to physically remove him. Again she was advised to go to family court. On may 17th she made a scene.after baseball and we recorded her yelling at him and telling him he's gonna have daddy put in jail and trying to take his baseball equipment from him. We called the police so that it was again recorded that we arent keeping him from her. They advised her to contact family court. On may 18 she had him kicked off both his little league teams and told me husband to send him home or she is going to the court on monday to have him thrown in jail. We took him to her house, he refused to get out of thr car and she yelled for 15 minutes and threatened him with anything she could think off.

    It has now been 30 days he has been at our house and as far as we know she hasn't filed anything. We want to file for primary residential custody, they have joint legal. There are 6 other children they share that live with her that she is keeping from him and not letting him see. There is a long legal history of her making false allegations and having the kids lie to the police about injuries at our house and sexual abuse allegations that were investigated by the police and found to be false as well as fake harassment that resulted in my husband being incarcerated. He is a registered sex offender but has the support of parole and cps in his bid for custody.

    How do we proceed? What are the chances of success? Ask any additional questions

  2. #2
    Join Date
    Sep 2011

    Default Re: New Jersey Split Custody Question, 7 Children

    Dad should hire a lawyer. You should stay as far away from mom as possible before the taint rubs off and you end up with a criminal record.

  3. #3
    Join Date
    May 2014

    Default Re: New Jersey Split Custody Question, 7 Children

    Dad cant get a lawyer. He pays her over $5000 a month in alimony and child support and this month he barely brought home $1800 to pay bills with. We had a lawyer for the divorce judgement which he borrowed money for from his employer but as of now he owes his employer around 10k for the divorce and the defense attorney for the false charges against him, he owes her lawyer 3000 that he cant pay and this week his paycheck was $151 because there was no overtime :-/

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