Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My husband got fired while we were separated and he was

living in another state.-he hired...
my husband got fired while we were separated and he was living in another state.-he hired a high priced female lawyer who defends men for custody and is asking for 50 50 as well as the right to watch the baby during the day instead of my family bec he is unemployed an a disabled vet. she had me followed and accussed me of abusing drugs and alcohol- all test were negative while my husband was physically and mentally abusive. he seems to be winning every hearing as she says he is entitled to all this including not paying child support bc i am employed as a school social worker. can he get custody ?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 21 minutes by:
8/1/2015
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,303
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, in NJ the PREFERRED custody in a divorce is shared custody (50-50) and that is what she is pushing for. In order to defeat a claim for shared custody, you have to prove that your ex is unfit or not able to have the child for that amount of time because of his abuse history or because of his medical disability. If you cannot show that he is not fit for having 50-50 custody, then the courts will aim to give shared custody, so it is possible that he could get such custody with you.
Thus, it is on you to present proof of the physical abuse and proof of his inability to properly parent to defeat his claim for shared custody. If he is using an attorney, I would not suggest continuing trying to fight him without you getting your own attorney involved, because we see that every day here and the unrepresented spouse generally does not get the best of the deals in these cases, especially if his attorney is already stooping as low to make false claims of you being a substance abuser.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
what about the grandmother who watched the baby during the day? this would actually make him the primary custodial parent. His goal is to estrange me from the son i have been raising alone for 2 years. He does have health issues that his lawyer says cost him his job and make him unable to work- I was advised to get an employability expert to prove they are lying. He refuses to pay support. We had to fight to get even half of my won savings back from him. I did not get him arrested but i filed harassment charges for contactig my coworkers by going through my phone, the local police think hes mentally off and drive by my property often. We will both have psych evals and i know mine will be fine his may not depending on what personality he brings that day. He yelled and verbally abused the mediator unfortunately she cant tell the judge anything other than that we were not candidates for mediation. the fact that he is a bully and verbally and mentally abusive to me doesnt mater? or status quo? the fact that he left the state and only now moved back? I have pictures of the bruising and medical records that shw i suffered a pregnancy loss.
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Thank you for your reply.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
The US Supreme Court in the case of Troxel v. Granville declared that the rights of the parents were a fundamental right (basic constitutional right) and they would not be infringed upon unless there was clear and convincing proof of a parent being unfit. Thus, the grandmother watching the child would not be considered a factor as a grandparent does not have any right that supersedes the right of the parents according to the US Supreme Court.
The photos and proof of the physical abuse is what you need to prove in court he is not fit to have the child and that is where you need to attack his claims on. If the court finds the physical and mental and verbal abuse and his bullying nature has been proven, that would be the basis for the court to deny him the shared custody, but you need to bring that proof and as much as you can, including witnesses.
You can ask for the employment evaluation as well, which is a good idea to prove he is voluntarily unemployed and able to work and that would mean the court can impute wages to him to make him pay support/alimony as necessary.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,303
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 125,303
125,303 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Going through a divorce - started with a mediator, now my
going through a divorce - started with a mediator, now my "wife' has engaged legal council. Divorce Decree is very unfavorable. Next steps on a response back to them? … read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
My child support states" Child support shall be payable foe
My child support states " Child support shall be payable foe each child until that child dies, marries, enlist in the armed forces, otherwise becom emancipated, or reaches age eighteen or graduates hi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
483 satisfied customers
Seeking a meaning to ordered child support in a divorce
seeking a meaning to ordered child support in a divorce decree. Child is 18, graduated from high school, and not enrolled in any college. … read more
Sue
Sue
Juris Doctorate
525 satisfied customers
My girlfriend was physically abused by an Ex who is now in
Hello, My girlfriend was physically abused by an Ex who is now in jail, she is about to undergo a surgery to repair some of the damages from the abuse. Is there any way to make him pay for the medical… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
If a couple divorces does the child support payer have to
If a couple divorces does the child support payer have to pay back child support for the time separated until the time the divorce is final.… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,303 satisfied customers
I was divorced in 1988. I was receiving “child support”
I was divorced in 1988. I was receiving “child support” until my son reached age of 18. A friend of mine recently shared that I should check with Texas courts/law to find out if I was suppose to “clos… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,097 satisfied customers
In my divorce papers we are required to have mediation in
In my divorce papers we are required to have mediation in order to modify parent plan. My ex refuses to comply to go to mediation. Can anything legally be done to him? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
In divorce, wife wants rehab alimony. With no assets other
In divorce, wife wants rehab alimony. With no assets other than existing employment, where husband's salary is $120,000 compared to wife's salary of $51,000, what do you believe is fair alimony to wif… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,303 satisfied customers
If we work with a mediator to create a child support
If we work with a mediator to create a child support agreement, is the agreement filed in the court system? We are not married and live in New York. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,903 satisfied customers
In New York State, is both alimony and child support based
In New York State, is both alimony and child support based off NET or GROSS income?Additionally, if it is NET, does the NET include all taxes? All federal, NY State,local income taxes in 2018?… read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
If I was paying child support and alimony to my ex and now
If I was paying child support and alimony to my ex and now my daughter is living with me does my ex now have to pay me child support? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,303 satisfied customers
Paid alimony and child support year. At the end of year
Paid alimony and child support year. At the end of year recalculated payments as per agreed up on percentage of alimony payments. Due to payroll cutoff dates and severance payments, about $2500 was pa… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
Have a question about alimony and child support paid in
Hi have a question about alimony and child support paid in excess and at the end of year … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,313 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
764 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 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