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Question about changing custody order.

Riverside, NJ |

I took our son in Nov of 2011 and moved from NC to NJ with him. I waited 6months and filed for custody in NJ. Since I marked J/C on the papers I filed we were granted joint legal custody and me as the (PPR). Father did not show up for court so there is no visitation in the order I let the father see our son in Dec 2012. Our son stayed with him for 2 weeks in NC. (First time he seen his dad in 13 months.) Now that our son is back home with me, he says he wants to live with his dad. (Son is 8 years old) I let our son talk to his dad on the phone and I hear the father telling him he needs to move back to NC and that he is going to bring him back home real soon. I am worried he is up to something, should I file for parenting time for him or sole custody.

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Attorney answers 4


Interstate custody and parenting time disputes are very fact sensitive and are governed by multiple statutes, etc. You mentioned you filed in NJ; if you have an Order from this state regarding custody, that is the place to start. When you note you might "file for parenting time" for him, it is important to note that you should not take any affirmative steps without consulting with an attorney, experienced in family law, who can guide you. Custody and parenting time have relative burdens for each parent, and the interstate issue complicates those legal burdens further. You may harm yourself if you file an application, but although you were descriptive in your answer, many many facts remain outstanding. The language of the Order, the history of interaction between you and the father, the history of parenting time, etc. are all factors which bear upon your case and the steps which you should take next. I urge you to consult with an attorney who can best guide you.

The information presented in this answer is for informational purposes only. The answer or the information contained within should, in no way, be construed to be formal legal advice nor the formation of a lawyer/client relationship.


This site is for general questions and answer. Your question is very fact specific to you, so a complete consultation is necessary.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


It would appear that the child's father has no official parenting time and that you effectively, currently, hold all the cards. Absent the father seeking affirmative relief from the court you have the ability to grant or deny him parenting time. As you currently have control of the situation there is no need for you to file an application with the court seeking affirmative relief.

Kenneth A. White, Esq.
New Jersey Family Law Attorney

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.


You may wish to consider doing nothing right now and seeing if the father files something. An 8 year old child is not going to be making custodial decisions anyway.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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