Former Gov. James McGreevey, who resigned from office after revealing that he was gay and had an affair with a male staffer, is seeking custody of his 5-year-old daughter and child support from his estranged wife.

The revised divorce lawsuit by McGreevey, who resigned in November 2004, does not mention the "matrimonial settlement agreement" that McGreevey originally said had resolved all custody and support issues concerning his daughter, Jacqueline.

McGreevey's wife, Dina Matos, has 35 days to respond to the revised filing.

The papers filed last month in Union County Superior Court ask the judge to assign McGreevey custody, to award visitation to the noncustodial parent and to award him "suitable support and maintenance."

"Dina and I both seek the best interests of Jacqueline," McGreevey said Tuesday. "We're asking the court to determine what's the most appropriate balance in the child's interest."

He would not answer further questions about the exact custody arrangement he is seeking. Any payments to either party would be determined by a family court judge.

Matos and her lawyer, John Post, could not be reached Tuesday.

Matos said last month that the two "continue to have profound differences about what our daughter should be exposed to, and until they are resolved, there will be no agreement."

McGreevey and his wife have lived apart since McGreevey resigned.