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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112774
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband and I have currently two different residences. He

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My husband and I have currently two different residences. He lives with 17 year old son, my step son. I live with two minor children; they are both my husband's kids. The reason for the separation is “no contact order” by the court between my step son and my 5 year old daughter. My step son has sexually abused my daughter and his is on 3 year probation. The department of Human Services of New Jersey is involved. We are planning to get a divorce. I would like to file for a physical custody and visitation right for my husband in given situation since his step son cannot have a contact with my daughter. My husband wants to have a joint custody. What is the likelihood of that decision by the court? In your experience, what decision is more likely to be made by the judge?
As long as the step son is in his home, the court will not grant him the joint physical custody, although they would grant visitation as long as it is done where the stepson is not present. Once the stepson is out of his home, then since your husband has not been accused of any wrongdoing, he could file to modify custody to seek joint physical custody or at least more visitation time. But, if you can prove the stepson still frequents his home, the court would not allow the joint physical custody.


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Customer: replied 6 years ago.
Please see the question above. How does the separate physical custody affect child support? Right now I have sole physical and legal custody. If in the future my husband files for joint physical cusotdy, will I be able to still get child support from him? Thank you.
If he gets joint physical custody, then child support can be reduced or even eliminated depending on how much actual time the child spends with your husband. If the physical custody time is 50-50 then child support can be eliminated since it is then surmised by the courts that both parents are paying equally during the time they have physical custody over the child.