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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 ?
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Answered in 21 minutes by:
8/1/2015
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,847
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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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.
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Customer reply replied 3 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 3 years ago
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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: 126,847
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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