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Author Topic: Pro Se Right to file for custody  (Read 869 times)

awaitingjustice

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Pro Se Right to file for custody
« on: Nov 20, 2005, 07:51:16 PM »
Thanks for all help on previous item posted.  This is separate question.

The court clerk has advised me that the judge dealing with our case, New Jersey, will not consider a change of custody from a PRO SE litigant.

Is that legal?  perhaps better question Is that the norm in NJ?

I rcvd an email from my ex tonight telling me to 'get off my a**' and call the damn psychologist myself, she won't do it.  (Despite court order to do it, and a separate letter direct from the judge advising that she MUST do it)  This is one of many examples of her unwillingness to do the following:
1- communicate  2-allow visitation  3-micro manage my time with my child  4-include me in his life (tries to place step father in roles that call for Father, ie special ceremonies, and events, school functions etc)  along with other items.

If I am on the 3rd Pro Se motion in 6 months, and she has refused to follow any, nor has she followed the Court's decision from 2001 or 2002 then the time may be to file for change of custody.  

Not sure if should try or should try to gather the $5000 retainer for the attorney??????????  (which yes would be a struggle!!)



socrateaser

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RE: Pro Se Right to file for custody
« Reply #1 on: Nov 21, 2005, 12:00:55 AM »
>Is that legal?  perhaps better question Is that the norm in
>NJ?

LOL! No it's not legal -- it violates the longstanding principle of due process that anyone can represent themselves in trial court. The clerk may be trying to save you some time, by telling you that you can file a petition/motion, but this particular judge will bury it and cause you no end of grief. You could move to have the judge disqualified on the basis of the clerks statement, however, the clerk will probably deny having ever made it, in order to save his/her job.

Don't know what to tell ya, here.

 

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