Need Advice on Sole Legal & Physical Custody in NJ

Status
Not open for further replies.

whatsbest

New Member
I'm a 20 year old single mother who has a beautiful 1 ½ year old daughter. My ex (who is 28) and who is the father of my daughter is making my life a complete hell. We broke up 9 months ago when I realized that he was no help to me & my daughter and that he was in no way trying to make an effort to do anything to help me raise our daughter.
Here's a little piece of info about myself:
I am currently a junior in college, I work full time as an executive assistant for a well known corporation (SYMS, FILENE'S BASEMENT & CO-BRANDED FBSY STORES). I have never been involved with the law or in any type of trouble. I do my best to provide my child (who has Crohn's disease) with everything a child with two parents has, if not more.
BUT , I still reside in my parent's home on the ground level
( Which is basically like having my own apartment because I pay rent, my own gas & electric and provide all groceries, toiletries, clothing & personal items for myself and my child.
Here's a little piece of info about my daughters father:
His highest level of education is the 10th grade, he is un-employed and has been un-employed all of his life. He has no stable place of residence and has had many run-ins with the law. He has a VERY extensive history of violence domestic and drug& alcohol abuse. Has been incarcerated numerous times & this last arrest was for a high speed car chase & assaulting law enforcement officers. In the past he has been physical with me and has even sent me death threats. As a result (I have a (FRO- FINAL RESTRAINING ORDER) against him where he is supposed to have no contact with myself or our daughter unless instructed by court order which has not been ordered as of yet.

Now about my daughter, she is a beautiful, bright and loving child. She has battled digestive issues from birth and was recently classified as having Crohn's disease. In the past I have tried many efforts to get her father involved in her life. I set up visitation dates, invited him to doctors appointments, birthday parties, and family portraits and never has he complied with anything. When my daughter was exactly a year old the courts awarded my daughters father supervised visitation (he took me to court for joint custody & was denied but they granted him supervised parenting time). During the 3month visitation period he only showed up 2 times and the report says he was un-attentive to her needs, was quiet but distracted & at times seemed frustrated. When we went to court to determine if the visitations should continue, he told the judge he did not want anymore visitations because he was going to comply with the visitation schedule that I had set up for him… but of course he didn't comply & then I had to get the FRO because of things he was doing to me, so now he has no visitation and is threatening to take me to court again for joint custody (meanwhile he is not supposed to be contacting me because of my FRO but he is having his brother call me and then pass him the phone) can I get him arrested for this?
However as you probably can tell, my daughters father wants nothing to do with her and is only making an effort to file for custody & such matters because he is hoping it causes problems with my job because he knows all these court process take up an extensive amount of time and I have to take off from work which is a serious problem with my job because I already take much time off to deal with my daughters health issues. Can I get sole legal & physical custody to ensure decisions made concerning my daughter's health issues are in her best interest and not just out of spite because her father is trying to get back at me.

 Keep in mind a lot of the procedures my daughter has to undergo require the consent & signatures of the child parents & since I am my daughter only active parent I sometimes I have to provide my daughters doctors with an extensive amount of history to prove her father is not involved and that there is no possible way to get him to consent and that it is ok for them to go ahead with their surgical procedures
(this has become embarrassing at times, to have to tell doctors my daughter has no father):(
 
I suggest you speak with a couple of local family attorneys.

The initial consultation is free.

What you desire will require the assistance if an attorney to obtain.

One minor point going forward, leave out the part about him being a deadbeat, violent, and a ne'er do well. Why?

Well, you picked this deadbeat to help you create your child.

It makes you look bad to criticize him before the court.

Stick to the facts and how sole custody benefits your child.

The court can discern the other nasty bits.
 
i understand what you are saying and i agree that i need to make the judge aware that i just want whats best for my daughter but do you know how i would go about proving my point without saying things geared towards my daughters father being a deadbeat? Sorry if im asking too much i just want to make sure i say all of the right things
 
The best approach is to convince the judge WHY you'd make a better parent for your child. You should be selling the quality of your home and your abilities, rather than tearing down the father.

Pepsi mentions Coke in their ads.

Coke never mentions Pepsi.

Didja ever wonder why?

Because Coke is the king of the colas.

Pepsi is but the Prince.

The Big Dog doesn't need to mention the Little Dog.

You're Big Momma, tell the judge why!

What makes your home the best place for little baby?

See my point?
 
I'm just curious about what county you are in?

I don't want to give any advice on this because I don't have a background in law and only know what I have seen in the court rooms in my county and with the judges I have dealt with over the last 7 years.

Amy is so right the one thing I was always told is never to say anything in that sense...not to make myself look like the woman scorned because that would only work against me in the long run
 
I'm just curious about what county you are in?

I don't want to give any advice on this because I don't have a background in law and only know what I have seen in the court rooms in my county and with the judges I have dealt with over the last 7 years.

Amy is so right the one thing I was always told is never to say anything in that sense...not to make myself look like the woman scorned because that would only work against me in the long run



Ah, I'm not sure AJ would like being called "Amy".

He is WAY more masculine than any Amy I've ever known.

I'm jes' sayin'.
 
my apologies I am on here from work and I try not to be on for long periods so I type in when I can and sometimes overlook things like that
 
Thank you

Thanks for the advice, Everyone. I just wanted to let you guys know i did win both
Sole Legal & Physical custody
-He has a warrent for arrest: for violatating the FRO
BUT for some strange reason the judge still awarded him parenting time, i gues you cant win them all. im just happy that now i dont have to worry about him causing harm to my daughter.
 
You managed to file, have him served, get a hearing date AND a ruling in 10 days? (Including a couple of weekends)

Really?
 
I am going to assume that the OP had already had a court date and was testing to waters to see what others thought her chances were.

If that is not the case, I am just as confused as you are Proserpina. :)

I have never heard of court cases progressing that fast.
 
You managed to file, have him served, get a hearing date AND a ruling in 10 days? (Including a couple of weekends)

Really?



Proserpina, that shouldn't surprise you dear lady.

Your sage and salient advice evidently contributed to this amazing outcome.

The OP was competent enough to leverage your teachings to her advantage.

I say, brava, brava to you both!
 
hi guys thank you all for your advice,
i posted this thread so that i could have a little more insite on what i should expect or if i was doing the right thing. i filed for custody in late April and wether i recived the responces i hoped for or not i was still going to push the issue for Sole Custody of my dughter "as any concerned parent would do"
BUT i did not expect to end up with my daughters father recieving a final restraining order, my daughters father violating the restraints or having to deal with the many issues & things that occured between the time of my filing & now.
i apologize to anyone who thinks i was trying to test them, or fool them... i truly wasn't.
i had & still have only the best intentions for my daughter at mind & thought and some times we all need a little advice.

Thank You Again,
your replys truly did help me allot.
 
hi guys thank you all for your advice,
i posted this thread so that i could have a little more insite on what i should expect or if i was doing the right thing. i filed for custody in late April and wether i recived the responces i hoped for or not i was still going to push the issue for Sole Custody of my dughter "as any concerned parent would do"
BUT i did not expect to end up with my daughters father recieving a final restraining order, my daughters father violating the restraints or having to deal with the many issues & things that occured between the time of my filing & now.
i apologize to anyone who thinks i was trying to test them, or fool them... i truly wasn't.
i had & still have only the best intentions for my daughter at mind & thought and some times we all need a little advice.

Thank You Again,
your replys truly did help me allot.

You're welcome.

Due diligence and preparation are often useful in achieving your desired outcome.
 
Status
Not open for further replies.
Back
Top