Could my kids live with me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Could my kids live with me?
I am a father of 2 kids, the older is 13 and the younger boy is 10. They want to live with me, not with their mother, because she doesn’t spend time with them as she is always with her boyfriend. She refuses to let my kids to live with me, which I assume because she wants the child support money. The boyfriend doesn’t pay anything like apartment and so on.
Asked on January 3, 2017 under Family Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A court will consider what is in the best interest of the children when determining which parent should have custody. There are two types of custody: physical and legal.
You can file a petition with the court for a hearing on the issue of child custody. You would file an Order to Show Cause (court form) and your declaration signed under penalty of perjury stating the facts in support of your child custody claim and any other supporting evidence. Prior to filing your documents, call the court to schedule the hearing. You should also file a proof of service (court form) to verify the date of mailing your documents to your ex so that she has notice of the hearing. Check with the court clerk before filing your documents to inquire what the required documents are for a change of custody because the required documents may vary from state to state.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.