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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29814
Experience:  Attorney with experience in family law.
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My name is my son whom is 8 he will be 9 in a month has been

Customer Question

hi my name is ***** ***** son jeffrey whom is 8 he will be 9 in a month has been w me since he was a baby i also have a 5 year old but from my ex bf of 8 years and for me im on disability so im able to be home with the kids 24/7. well i moved to pa when i got engaged then my mom and brother came to be here w me , well while getting my double hip replacements my ex husband ben who is jeffreys father was having a affair and we got divorced within 2 years of marriage. then we should our house we had here in pottstown my mother and brother live down the street , well shotly aftr my brother passed away at age 37 he was my best friend i have no family here besides my mom all my family is in nj , well i wanted to move back to nj and ben said 'over his dead body' well a year ago ben comes to me and asks if i would still want to move to cherry hill area in nj i say yes well long story short him and his wife moved there right outside cherry hill they sold their house in 3 days, wow who would have thought that. well now they r there and im stuck here i live w my mom im paying off debt as fast as i can but remember im on a fixed income and support 2 kids i dont have a partner to help me move there well my moms house is for sale so im trying very hard to get credit score up to 620 so i can get my mortgage im working w a broker whom is excellent im very close but like i said i must pay of debt before i can buy a house . ben is very aware or whats happening we talked things out everyone was all good ..but ii was wrong he is constatly taking me to court trying to get full custody now tomorrow i go back for 2 nd time im a good mother but ben thinks school is horrible and jeffrey has an IEP but he made the honor role and then he says he missed alot of school days this year well he has but they are all excused and my dr said if anything he will write a letter documenting the issues he had with his health this year. court is tomorrow but im very nervouse cus the mediator said sometimes its like russian rulet well my kids are my life they r all i have plus jeffrey and his sister love each other if ben got custody it wouldnt destroy only me his sister also. what do u think ? im a good mother i do not neglect them i feed them i dress them nice they are fed and clean pls help me calm down and im not good at talking clearly what do i say to the judge im tired of ben pushing me around his parents have money so he thinks cuz he has money he is better than me
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Typically, judges will only change custody where there has been a material change in circumstances. If it's possible to continue the parenting schedule you had before even after he moved, you can argue that the move is not material and that the judge shouldn't even consider the other factors. Also, you can make an estoppel argument - the father PREVENTED you from moving to New Jersey with your child because he wouldn't get to see him as much, so it's not fair for him to turn around and do the same thing to you.

After that, the judge wants to hear what's in the best interests of your son. You can use the doctor's evidence to refute that he's missing school for no reason. Your son can testify as to his relationship with you and his sister and tell the judge where he wants to live. You can talk about the IEP and how it's currently working out for him. You can talk about the difficulty of making friends in a new area if your son is a child who has trouble with that. You can talk about your relationship with your son. Really, you're looking to show that he's happy, healthy, and well-cared for and that he would not benefit from a custody change. If the father thinks that all your son needs to be happy is money, he's welcome to pay additional child support so you can give your son the same life he could. The better parent isn't necessarily the RICHER parent (and often isn't).

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.