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Child custody cases for victims of accident need proper review

New Jersey residents may be interested to know that an injured woman plans to fight to keep physical custody of her child. While a disabling injury could alter a person's ability to care for a child, and therefore may alter the child custody agreement, there should be a definitive risk to the child to require taking away a parent's rights. The woman in question in this case was injured at Fenway Park when a bat broke and then hit her.

Her ex-husband stated, according to court records, that the accident caused traumatic brain injury to his ex-wife. She is also reportedly on several medications that he feels could hinder her ability to care for their child. At this point, she is unable to drive and requires constant supervision, he also says.

However, according to statements from her friends, the woman's rehabilitation is advancing well and she is back to living at home. She is also able to talk and walk and is able to care for her son. All she wants is to continue to share legal custody with her ex-husband while maintaining physical custody of their son, just as it was before the accident. She said in a public statement that she would fight her former husband on this custody issue, and she does not feel that she is unable to care for their child.

Accidents can alter how a parent is able to care for a child, but so far in this case, the judge is siding with the woman and has ordered her ex-husband to follow the custody agreement that was in place before the accident happened. It was not stated whether the ex-husband plans to fight this further in court. Victims of disabling accidents may wish to speak to a New Jersey attorney who can help fight former spouses in child custody cases.

Source:, "Woman hurt by bat at Fenway faces child custody challenge", Cheryl Fiandaca, July 6, 2015

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