Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My grandson is 14 years old and his mother has full custody,

Customer Question
now he wants to go...
My grandson is 14 years old and his mother has full custody, now he wants to go live with his father. What are his rights and how would he go about doing it under the NJ Family Law?

Concerned grandmother.
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
6/1/2009
Family Lawyer: Law Pro, Lawyer replied 8 years ago
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Verified
Does the father want him full time?
Ask Your Own Family Law Question
Customer reply replied 8 years ago
Yes, my son is willing to take him full time. As an additional piece of information, he also has a brother that just turned 10.
Family Lawyer: Law Pro, Lawyer replied 8 years ago

Will the mother consent?

Ask Your Own Family Law Question
Customer reply replied 8 years ago
The mother is dead against my son taking either of them.
Family Lawyer: Law Pro, Lawyer replied 8 years ago

OK, then he's in for a battle.

 

Clearly, the court determines custodial/visitation issues based upon the axiom "best interests of the child".

 

So, your son will have to file a motion for modication of custody in teh court where the current order is.

 

In that motion he will have to request a change of primary custody based upon that it's in the best interests of the child(ren), that they desire such, and all other reasons that he can think of.

 

The court will schedule a hearing - a mini trial on the matter. Yes, the children can state their preferences as to whom they want to live with. The 14 year old is most likely old enough to potentially make a decision but not the 10 year old. However, the 10 year old can substantiate events that occurred in her house, etc.

 

What happens in these cases is that the judge takes the child(ren) back into his chambers (the judge's office) one-on-one, beyond the eyes and ears of the parents and other people in the court and discusses the matter at length with the child(ren). They talk about many things while in chambers, the current custody situation, the parents, if a parent is pressing them to say something or lie to the court, what problems if any they are having where they reside now, school, sports, etc.

 

After talking with the child, the judge then makes a determination of the child is mature enough (not old enough) to make an intelligent and informed decision based upon the facts and situation. If the judge determines that they are - then the judge will follow the child's wishes. If not, then the judge will do what he/she thinks best under the circumstances.

 

Realize that your son has the harder burden to change custody because she is the status quo - that he's going to have to point out problems and how he would fix such.

Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Verified
Law Pro and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Can my grandson request to the courts that his custody be changed or does my son has to do it for him? I understand my son has the burden but I just wanted to know if in special circumnstances my grandson can request that change from the courts. I am only saying this because if my son decides to go for a custody change he will start World War III and if the judge decides to keep the children with the mother, she will take her frustrations on the children and my son doesn't want to put that on them.
Family Lawyer: Law Pro, Lawyer replied 8 years ago

Your son has to do such.

 

Yes, special circumstances would be certainly relevant to the court in making their decision as to custody.

 

What are the special circumstances?

Ask Your Own Family Law Question
Ask Law Pro Your Own Question
Law Pro
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
24,870 Satisfied Customers
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution

Law Pro is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a family law hearing at 8. I have a family law case
I have a family law case at 8:30 am in Toorance, ca. Have a few questions I'm hoping to get answered. I'm representing myself … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I have a family law question? Maryland. Not yet. My son has
No My son has a daughter that he and the mother had an agreement that he would pay for daycare and healthcare which he was doing. She is upset with him because he no longer wants the relationship so she filed for child support. Recently, they had an altercation and there is a one year stay away and they can only communicate about the child. Since this has happened she is constantly sending him txt msgs harassing him about things that don't concern the daughter and although the family has told my son to ignore her he has responded. This weekend his daughter came over and when she was returned the mother sends the family txt msg saying we are not to come the child's hair but the child's hair was matted and dirty so she was given a bath and her hair was combed. She also said that the child was returned in too small clothes but we washed and returned her in the clothes she came in. Now she has threatened to call social services and called our family unfit. It's no life get about the baby she is trying to harass the family. What can we do to protect ourselves. My son is not the best boyfriend and I don't condone his bad behavior, however, he is a good father how can we prove that the mother is being vindictive and is trying to punish him because of the failed relationship? State/Country relating to question: Maryland… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can you recommend family law attorney in Ruidoso, NM? Thanks
Can you recommend family law attorney in Ruidoso, NM? Thanks Charles Preston … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I have a family law question. Pennsylvania. I'm in the
I have a family law question JA: What state are you in? It matters because laws vary by location. Customer: Pennsylvania JA: Has anything been filed or reported? Customer: I'm in the process of filing… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,876 satisfied customers
I need to locate a family law attorney in the Southlake
I need to locate a family law attorney in the Southlake Texas area … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
What is evidentiary declarations in a family law ex parte.
What is evidentiary declarations in a family law ex parte … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Question is regarding family law. More so to the adoption of
Question is regarding family law. More so to the adoption of my son, while I was deployed and signed the paper work without an officer present, … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
Have a question about a family law. Indiana. There is
There is currently supervised visit however it doesn't say anything about my husband not being around my kids. The ex husband lawyer filed for him not being around kids however the judge didn't say anything about it nor is it in the paperwork . So I'm trying to find out if he is allowed to be around them on these supervised visits or not … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
Family Law— residing in Fla. What is the definition of
Family Law— residing in Fla.What is the definition of "visitation" should one parent retain custody of a 3 year old childCan the custodial parent move out of state?Thank you… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
This is a Family Law question. My "spouse" moved to Arizona
This is a Family Law question. My "spouse" moved to Arizona from Florida almost a year ago and will not allow me to see my daughter. That's right I haven't held her in a year. There is no custody agre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question for an immigration and family law attorney
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents. Details: My daughter's mother is from China and… read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
476 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Family law My custody visit is 5pm to 8pm. Wife shows up at
Family law My custody visit is 5pm to 8pm. Wife shows up at 7:30pm with dog and asks the children if they want to talk and walk with her and dog. She then direcfs them to her car and leaves at 7:45pm.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Family law - custody issues, Arizona, mother in Tennessee
Arizona, mother in Tennessee and jurisdiction in Alaska where custody granted to father who just moved here to Arizona to help aging family members … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x