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I am currently going through a custody battle with my ex…

I am currently going...

I am currently going through a custody battle with my ex husband. He lived in NJ for the past 6 years and has moved back to our home town demanding 50/50 custody. He bought a house with his fiance and her kid. My kid is forced to share a room with this kid that is not related to them. Is that legal?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NJ family court?

Well when he file for divorce in 2013 I could not provide representation for myself as I was not financially ok to do so. So he filed a parenting plan in 2013. By default the courts approved it. He never followed anything he put on the parenting plan he filed back in 2013. I lived in FL when we got divorced so he filed here as well.

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida I hired an attorney and she filed a motion to modify the parenting plan. The kids have never lived with their father and he is trying to force them to live with him 50% of the time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The father filed parenting plan that said he does not pay child support to me but I pay him $150 per month. That our custody should be 182 days with the father and 183 days with the father. None of that was ever followed. The kids live with me 11 months out of the year. He pays me $800 in child support and I pay nothing.

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Answered in 4 minutes by:
3/19/2018
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I sorry to hear about this situation. First of all, there is law which states that children above a certain age must not share rooms. This is an urban myth. So yes, this is legal.

If you'd like to talk about the custody matter (has he filed, what are his chances, etc) let me know.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 5 months ago
In 2013 he submitted a parenting plan he never followed. almost 6 years later he wants to start following that parenting plan and he filed a motion to enforce. In those 6 years I have taken care of all of my kids needs and ensuring their well being. I filed a motion to modify that parenting plan. My kids are 14 and 6. The 14 year old has communicated to him that she would be happy visiting his home every other weekend however he doesnt want that. What is the best course of action here.

Best course for action for what? What do you wish to accomplish specifically? What is your goal?

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Customer reply replied 5 months ago
For the kids mental and physical well being I want for them to continue living with me and to have overnights with the father every other weekend.

Okay. If you wish to modify custody, then you'd have to show that:

1) There has been a significant change in circumstance, and

2) This is in the best interest of the children.

That is the rule of thumb. So this is what you'd have to show.

This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this.

One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.

Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

You need to gather proof which shows the Court that your modification makes sense and is for the best interest of the children.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
This is great.
Thank you!

My pleasure. All the best.

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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.

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