Could my kids live with me?

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Could my kids live with me?

I am a father of 2 kids, the older is 13 and the younger boy is 10. They want to live with me, not with their mother, because she doesn’t spend time with them as she is always with her boyfriend. She refuses to let my kids to live with me, which I assume because she wants the child support money. The boyfriend doesn’t pay anything like apartment and so on.

Asked on January 3, 2017 under Family Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A court will consider what is in the best interest of the children when determining which parent should have custody.  There are two types of custody: physical and legal.
You can file a petition with the court for a hearing on the issue of child custody.  You would file an Order to Show Cause (court form) and your declaration signed under penalty of perjury stating the facts in support of your child custody claim and any other supporting evidence.  Prior to filing your documents, call the court to schedule the hearing.  You should also file a proof of service (court form) to verify the date of mailing your documents to your ex so that she has notice of the hearing.  Check with the court clerk before filing your documents to inquire what the required documents are for a change of custody because the required documents may vary from state to state.


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