Legal Question in Family Law in New Jersey
Is a change in school contempt of court
I have joint legal physical custody niether having primary. 8 yr old son attends dads school district. Dad has left country for at least 3 mon. to work in Thailand. This is 5th time in 2 year period. Son originally attended my school district . Dad took me to court for his school because I was renting and he owned his own home and said he was more stable. I have since bought with my husband a home in the same school distict where he attended kindergarten. I agreed and it became court order. Problem: Dad and I do not have good relation. Dad would not provide me with contact info. Said to contact his mother she would contact him. I am not recognized as sending district parent. School also said he never informed them . I also drive 50 mi. a day to the school. Can I switch my son to my school district since dad is out of country. I only know where he is because my son told me. Do I have to wait and go back to court . I dont want to do anything that would not be legal. This has also caused me concern for other decision making concerning our son. I tryed to make dental appt. Medical Insurance co. will not speak to me because he doesnt have me auth. I'm thinking I should also have primary since he is out of country. Am I right?
2 Answers from Attorneys
Change in custodial status
You certainly have presented a compelling argument why there should be a change in custodial status. However, you need to do it correctly. This means you would need to file a Motion based on substantial change of circumstance, asking the Court to make changes based on what is now occurring. The requested changes would include a change of school for your child, and any other necessary Orders to allow you to do what is required from a medical standpoint. It appears that you also need an Order allowing for the release of school and medical records. All of this would be accomplished with a Motion to the Court. 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 need to contact a family lawyer (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you mention Law Guru when you call me, I will be happy to offer you an initial consultation at no cost. Good luck! Rob Gleaner
Re: Is a change in school contempt of court
I have read the posting from the other attorney. You will clearly need to hire an experienced divorce attorney to handle this situation. If you are in northern NJ, please contact me.
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