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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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Can someone supply me with NJ case law that would support a

Customer Question

Can someone supply me with NJ case law that would support a 'temporary' change in custody to protect the wellbeing of an abused child?

Need it to appeal a case in Family Law where the Judge, after speaking the child agreed there is a serious abuse problem in the home, felt it would be more traumatic to the child to change her schedule than to put her back in the abusive environment.

Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 2 years ago.
Hello,
Thank you for allowing us to assist you with this problem

The problem you face is that family court judges are given a great deal of discretion to change custody when there is proven allegations of abuse in balancing that against maintance of the status quo for a child. You need to understand that if you want to appeal your victory will be if you can show that the judge made an error in the law or went against a founded report from children protective services. I tell you this not to discourage you but to help direct you as to what you face. If you do not have a founded report of abuse then you need to focus on possible errors of law and for that you should consult with a local attorney to review the transcript of the hearing to see if there are any issues to appeal.
Customer: replied 2 years ago.

Thank you for the advice.

Does this mean there is no NJ case law that would support a 'temporary' change in custody to protect the wellbeing of an abused child?

Expert:  Daniel Solutions replied 2 years ago.
Yes and no. The caselaw gives the judge the authority to make the decision because it is temporary.
Customer: replied 2 years ago.

Ok..I understand the Judge has the authority to make the decision. I wiould like to know the case law that showed the authoritative decision the Judge made was for 'temporary' change in custody to protect the wellbeing of an abused child?

 

Thank you

Expert:  Daniel Solutions replied 2 years ago.
Can you rephrase your question?
I dont understand what you are asking.
Customer: replied 2 years ago.
Relist: Answer quality.
The expert is being obtuse and not answering my question.
Expert:  Meigs replied 2 years ago.

Are you looking for NJ case law that would allow the judge to temporarily grant custody in an individual other than that of the primary custodian?

Customer: replied 2 years ago.
Yes
Expert:  Meigs replied 2 years ago.
Alright if you will remain online, I will research that issue you for you.
Expert:  Meigs replied 2 years ago.
Alright, you will want to base your appeal on the best interest of the child. If you have credible evidence that there is abuse occurring in the home, and you made the judge aware of it, then you must base your appeal on that. On appeal you must raise questions of law, not fact, meaning that you need to prove that the judge erred in his decision to place the child back in the abusive home, and that the judge's decision was not in the best interest of the child. N.J. Stat. 9:2:9, is a statue relating to unfit parents, and authorizes the court to grant custody to another individual to protect the child and the best interests of that minor. The basis for appellate courts is to consider judges use of discretion, and review claims of law, not fact. Therefore, you need to prove that the judge erred.
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 5 other Family Law Specialists are ready to help you

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