[NJ] Is it possible to get equal custody of 2 yr old without trial?

jimsmythee · 2022-08-30T14:35:10+00:00

If you want 50/50 custody of your kid and your STBXW says "no"?

The answer is "maybe". At your temporary orders meeting, you can request the judge do the 50/50 custody there. Generally, whatever the judge orders for temporary orders will "stick" at trial.

Buckyohare84 · 2022-08-31T11:56:01+00:00

Judge can order 50/50 at an interim motion ($10,000 to $15,000.) This is after the pre motion. (4,000 to $7,000) At this point there will be a plan put in place and the judge will give his/her rule on what's best for the kid. Do not argue with mom or get upset with her. Keep it super peaceful. Let mom do her own thing.

As time goes, your ex maybe more inclined to avoid a trial as there are also pre trail cost that will be around $7,000 to $10,000. These are the settlement conferences. Usually 2.

If she still doesn't except the interim rule then you go to trial. 5 day trial will be around $30,000 to $50,000.

dday_throwaway3 · 2022-08-30T16:15:24+00:00

Lean on that custody evaluation. Your wife has an uphill battle with the CE recommending 50/50.

> if she keeps opposing to my custody then I will have to file motion.

She isn't going to give it willingly. File today.

vinnizrej · 2022-08-30T16:43:03+00:00

Did your custody evaluator meet with stbxw? What about collateral witnesses? Your stbxw is entitled to rebut your expert with her own custody evaluator.

If you don’t reach an agreement then the issue of custody will be scheduled for a plenary hearing. If the complaint for divorce includes a request to establish custody then you can get a plenary hearing scheduled during a case management conference. Otherwise, a motion to establish custody is needed and the court will hear the motion, and then convert it to a plenary hearing. If the court actually decides the issue of custody on the motion return date the appellate division will reverse and remand for a plenary hearing. The motion return date is inappropriate for deciding custody bc the court won’t have sufficient facts on which to base its decision. It will just have certifications where you want custody and stbxw opposes what you want and wants custody instead.

Yes, shared custody is possible at 2 years old. But living nearby is important, preferably the same school district. Many other factors can be relevant.

lemmingsrevenge · 2022-08-30T21:52:53+00:00

Can the judge do it? Yes absolutely.

Will they? No. Not very likely.

Before trial you'll have a hearing to set everything in place and at that time the judge will issue temporary orders. Based on the eval don't be surprised if the judge orders 50/50.

When you make your motion articulate a specific schedule that you want 2/2/5/5 or 3/4/4/3. Be specific about what you're requesting. Judges are annoyed when parties walk in there with "I want 50/50" but then waste the courts time spending the next hour trying to hammer out a specific schedule.

If you walk in there with a solid plan and your ex is waffling about they're more inclined to just order what you want.

Title	[NJ] Is it possible to get equal custody of 2 yr old without trial?
Author	Ok_Communication4292
Upvotes	4
Comments	6
Date	August 30, 2022 2:27 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/x1kjg4/nj_is_it_possible_to_get_equal_custody_of_2_yr/
Archive Link	https://theredarchive.com/r/Divorce_Men/nj-is-it-possible-to-get-equal-custody-of-2-yr-old.1130727 https://theredarchive.com/post/1130727

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