• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sole custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

venus72

Member
What is the name of your state?nj i (mom) have full physical custody of our 2 year old son the father and i have joint legal custody. i have just recently filled for full legal custody of our son because his father is going to jail for 48 days in atlantic city. his father is consistently in trouble with the law and doesn't pay child support for his other child(yes there is a child support order for his 1st child)i don't have a child support order because it's a waste of my time and money to be drug in and out of court for him to play games with the court system. on top of all this his 1st child is with his ex-wifes' parents because she signed her rights to their child over to the division of youth and family services because of her drug abuse problems. he does not see his daughter because she is named in a restraining order his ex has against him. my concerns are that he is not a good role model for our son DWI, fighting with police, simple assault and alcoholism issues that he refuses to confront. he tells me there is no such thing as "sole custody" in new jersey and the motion i filled will be thrown out by the judge. is this true ? can i get full legal and physical custody of our son because of his behaviors?
 


casa

Senior Member
venus72 said:
What is the name of your state?nj i (mom) have full physical custody of our 2 year old son the father and i have joint legal custody. i have just recently filled for full legal custody of our son because his father is going to jail for 48 days in atlantic city. his father is consistently in trouble with the law and doesn't pay child support for his other child(yes there is a child support order for his 1st child)i don't have a child support order because it's a waste of my time and money to be drug in and out of court for him to play games with the court system. on top of all this his 1st child is with his ex-wifes' parents because she signed her rights to their child over to the division of youth and family services because of her drug abuse problems. he does not see his daughter because she is named in a restraining order his ex has against him. my concerns are that he is not a good role model for our son DWI, fighting with police, simple assault and alcoholism issues that he refuses to confront. he tells me there is no such thing as "sole custody" in new jersey and the motion i filled will be thrown out by the judge. is this true ? can i get full legal and physical custody of our son because of his behaviors?

When a parent goes to jail, it's an opportune time to ask the court for sole legal custody. That's the upside. Your concern re; the father's alcoholism is a valid one, as is his history of violence, DWI and restraining order re; his other child and the mother of that child. This should all be brought to the attention of the court. There IS such a thing of sole legal custody~ It's not popular because both parents should have the right to make decisions re; the health & welfare of their children. However, in this case, the father can't make appropriate decisions for himself let alone a child. If I were you, I'd file.

The downside is that since you didn't file for child support- you aren't entitled to it and whether or not he pays it to his other child is irrelevant in the case of your child together.
 

venus72

Member
thank you for your quick and honest reply. it has lifted a great worry off of my shoulders. thank you again :)
 
B

bradybunchmom

Guest
this guy is bad news

dont worry about wehter or not he supports his first child-thats not your business, youre not that childs mother. go ahead and file for sole custody, and ask for supervised visitation when his dad gets out of jail, he sounds like he has major issues. i dont blmae you for being upset, if it was my husband, id do the same thing.my kids safety and welfare come first.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top