Legal Question in Family Law in New Jersey

I have 2 daughters and custodial parent of both. Both girls been w me for 8 years and he has weekend visitation... i recently moved 15 min away and my daughter doesnt like her new school so her father pulled her out and transferred her back into his school near his home, which means she is going to live with him during the school week, while my younger daughter is very happy with her school and staying with me. I am concerned that he will try to get a child support modification because she will be with him 5 nights a week now. What are my rights as the parent of primary residence? He claims she can come stay with my "anytime" and that she was old enough to make her own decisions(14yr old)...but I do not like the fact that his 28 year old live-in girlsfriend will be the primary caretaker for her as he travels so much during the year. What can I do?

Asked on 1/07/14, 10:14 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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It appears that there has now been a substantial change of circumstance. If I understand the description you previously gave, you were the Parent of Primary Residence (PPR) of your two daughters and he was the Parent of Alternate Residence (PAR) having parenting time with them on weekends. Now, he is the PPR for one child, you having parenting time as PAR on weekends. For the other child, you are PPR with him having parenting time, presumably, the way he was having it before. In other words, since you are no longer the parent of primary residence for one child, a determination needs to be made as to the proper payment of child support. If you cannot agree, a Court would decide based on a properly filed Motion.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. I would suggest that you immediately seek the advice of an attorney in your geographic area. Good luck! Rob Gleaner

Answered on 1/07/14, 10:22 am

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Robert Davies The Davies Law Firm, P.A.

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You have a huge problem. You need to talk to a divorce lawyer and get some help before you have more big problems. Also, you might be able to fix this mess.

Why did you let him take your child?

Come see me, and we will get to work on this for you.

Answered on 1/07/14, 11:54 am

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