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.
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