Legal Question in Family Law in New Jersey

Re: 9 Year Old Son doesn't want to go...

Your son would have to bring a motion to change the scheduled visitation thru the courts of NJ. At age 9, most children are not "competent" to make their own decisions as to what is in their best ineterests (or else we would let them vote and drive) and his desires would have little impact on the court's decision.

Re: 9 Year Old Son doesn't want to go...

He needs to wait until he is at least 14 or so to be able to control where he lives and if he visits.

Re: 9 Year Old Son doesn't want to go...

I have read what the other attorneys have said, and they are right for the most part. But that does not answer your question, not really, and does not tell you what you are going to do with your son and your ex's visitation. That will take a little thinking through, a little planning. Each such situation is different.

What a lawyer can advise you depends a lot on what you want to happen.

Judges hate motions to change/amend/restrict visitation, as they have to find out in messy detail what is going on in the child's life and why, often listen to each parent say horrible things about the other, and then try to decide what is best for the child. And the burden is on the person who wants to change the existing situation. So, a smart lawyer can guide you in the process, to avoid being 'just another nasty exwife'.

good luck to you. think it through carefully. do what is best for your son.