Mother continues taking decisions regarding my son without consulting me such as child care decisions. Write nasty emails, etc

FD case, joint custody. I have filed many motions asking the mother to participate in my son's decisions. Court has explained her MANY MANY times that she needs to get my input; however, she continues making decisions w/out me. For instance, she wrote me nasty e mails calling me stupid, dumb ass to explain me that her parents are coming to the USA and they will care for my son for 3 months and that's it! I want my son to continue going to the same babysiiter as before she is licensed, has other children to interact, plus my son in Sep will go to preschool. I do not want him stressed out to get new caregivers which he never met before. Should I file a motion before her parents come or just wait until they come? What can be my argument to use? Not all grandparents have patient for kids

Morristown, NJ -

Attorney Answers (3)

Yolanda Navarrete

Yolanda Navarrete

Family Law Attorney - Morristown, NJ
Answered

If she continues to violate court order you must continue to file motions to enforce your rights. You may ask for sanctions such as a transfer of custody to do and attorney fees to retain a lawyer.

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Anthony J Van Zwaren

Anthony J Van Zwaren

Child Abuse Lawyer - Clifton, NJ
Answered

I agree with Ms. Navarette, that a motion to transfer custody might be in order.

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Geraldene Sherr Duswalt

Geraldene Sherr Duswalt

Family Law Attorney - Scotch Plains, NJ
Answered

Make sure that you keep all of the e-mails and if there are any text messages you need to print them out. I agree with the other postings that you should bring an enforcement motion now and not wait longer. The issue of the day care and the grandparents seems to be only one issue in a long list. You did not indicate what your parenting schedule was or if the joint custody was joint legal or joint residential custody, which makes a difference as to the decision making issues. At the least a conslutation wtih an attorney prior to making the motion would be wise, if the motion is brought properly and if you document the things you are complaining about, then you may have an argument to alter or change the custodial arrangements. If you bring the motion on your own, you may not have the correct arguments in the papers for the Judge to make those determinations. Good luck with everything, it is hard to raise a child with an uncooperative partner.

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