Where Do I Stand On Residental Custody New Jersey

by Tom Cain
(lincoln park, NJ - Morris county)

My daughter’s mother (never married) gave custody to me 10 months ago. We have been separated for 17 months. After 7 months she asked me to take my daughter. We have agreed to child support but she only pays when she feels like it. I want to petition for child support but what if she wants my daughter back to not pay support? What will the court do?

My daughter visits her mother every other weekend and some days in between but not overnights. My daughter has been in school under my address. We live in NJ, what should I do without losing residential custody. I am afraid that if I petition the court for support she will take her back to not pay. Will the courts see thru this?

Comments for Where Do I Stand On Residental Custody New Jersey

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Did you have an attorney
by: Child Support America Team Member


We need to know were you granted custody through the courts, or was this simply a verbal agreement between you and your ex.

Please respond through this post.


nothing legal
by: Anonymous

This was just a arrangement verbally between me and her mother. We have never been to oourt.


Go to court
by: Child Support America Team Member

Thanks for responding back. We think you should go to court for child support. If you have had the child in your care for all that time, we don't see why a judge would overturn custody back to the mother.

Especially if you have been in good standing as a parent, and your child is doing well in school. Long story short, if the child is in your care, you both deserve to receive child support.


same situation
by: john underwood

i have the same thing going on but the court granted me as primary parent,,i want to raise her child support from 50 per week for 2 children to 100,,she threatened me she would go after the children if i did that and i have an e-mail of her threat,,i am scarred also,,,should i worry

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