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I gave my son's father temporary custody in 2010 thinking it…

I gave my son's...

I gave my son's father temporary custody in 2010 thinking it was in the best interest of my son. I was financially stable at the time. I know its long now but I've been stable now for 5 years. I thought my son was in a better environment but didn't know he was emotionally suffering to be home with me. I don't do drugs I see him on the weekends but am I going to have a hard time getting him back. It's affecting him in school. I would like to get custody back

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

I work I have a home

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

I have my other child who lives with me

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Answered in 1 minute by:
3/23/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

How old is your son now?

What state are you located in?

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Customer reply replied 27 days ago
I'm in N.Y. but he moved him to Jersey

How long have they been living in NJ now?

Also, how old is your son?

Has he expressed a desire to live with you full time?

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Customer reply replied 27 days ago
14 and the past 3 to 4 years
Customer reply replied 27 days ago
he want to live with me

Thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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Your son is old enough that he will be able to speak with the judge and let the judge know that his preference is to live with you.

This is not the only determining factor, but it is something that the judge will take into consideration when deciding on a change of custody.

The standard that the court uses in their evaluation of custody matters is the best interest of the child standard.

There are several factors involved in that evaluation which includes:

  • each parent’s ability to communicate and cooperate with the other in matters regarding the child
  • each parent’s willingness to encourage the child to maintain a strong relationship with the other parent
  • the child’s relationship with each parent and his or her siblings
  • the child’s safety in each parent’s care
  • the child’s needs
  • each parent’s ability to offer a stable home environment
  • the quality and continuity of the child’s education
  • the child’s parental preference if of a sufficient age and capacity to reason
  • each parent’s fitness to care for the child
  • each parent’s geographical proximity to the other
  • each parent’s employment responsibilities
  • each parent’s time with the child prior to the parents’ separation
  • each child’s age
  • each parent’s history of domestic abuse (if applicable)
  • any other factors the judge considers relevant

What you will need to do is file a Motion for Modification of Custody with the court in New Jersey since that is where your son has been residing for several years now.

You could also potentially file this request in the NY court, if that is where your custody matter was originally heard, but it's very possible that the court would grant a change in jurisdiction request if filed by your son's father, since they have lived out of state for several years.

It's quite possible that the judge may grant your request, if he deems that it is in your son's best interest based on the factors I described above to have custody changed.

You should consider hiring an attorney to represent you in this process. Your attorney can file all of the motions on your behalf, and can appear in court alongside you to make all legal arguments for you as persuasively as possible.

If you file in New York, you can contact the NY State Bar for a referral to a custody lawyer.

The phone number is:

***-***-****

If you decide to file in New Jersey, you can contact the NJ State Bar for a referral.

The number is:

(732)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 27 days ago
Thank you

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Satisfied Customers: 2,597
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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.

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).

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