Yes you absolutely can take her to court. In fact, if you don't have court-ordered custody and/or parenting time, you have no right to visitation yet and she holds all the cards. Get a NJ family law attorney to advocate for you.
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Court orders to define parental rights are clearly needed here, not just for custodial times, but for the seemingly unlimited number of issues that can arise when parenting apart. If your paternity has not been established by court order, that will be the first step. It is your responsibility to petition for the paternity/parenting order, and It may not be appropriate as a DIY project. Consult with a local experienced family law practitioner, and for the sake of your child(ren0, do not delay.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Yes, you can file a motion to enforce your parenting time rights. Additionally, you can ask for additional, makeup parenting time for any days you missed.
If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100. Our firm is concentrated in family law and estate planning case. Also below are links to our blog articles that may assist you with your issue.
Brad M. Micklin, Esq.
The Micklin Law Group
187 Washington Ave., Suite 2F
Nutley, NJ 07110
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
You need to get to court and, either through an order from a judge or mediation, get an enforceable order as to parenting time. I suggest speaking with an attorney on this issue and to determine what the court is probably going to order as to support. You say that's "not your issue", but I would assume she will raise it when you file (and even if she doesn't the court may raise it on its own).
As has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain. What you do (or don't do) in the immediate future is hugely important to the eventual outcome. The stakes are too high here to skip at least getting a consult with a professional.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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