Legal Question in Family Law in New Jersey
changed to non-custodial parent
My children have been ordered to live with my ex. I didn't have to go to court at all!. My lawyer just called me on the phone and told me I had to have the children ready for my ex by early evening! Is this legal?
3 Answers from Attorneys
Re: changed to non-custodial parent
You are not giving enough detail in order to be able to answer your question. You are not, however, required to "go to Court" to have a Court Order entered against you. Your question seems to imply that you had no notice. Perhaps your lawyer was notified of the hearing but failed to tell you; or, perhaps an Order was entered in an emergent manner, which does not require prior notice but would allow for a quick hearing with you present and/or represented. So, in answer to your question, depending on the circumstances, it certainly may be "legal". However, you would also have legal rights. You need to immediately consult with your lawyer so that at least you understand what has occurred. Then, you can take whatever steps are necessary to resolve matters. 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 either your lawyer or another family lawyer, in your geographic area, to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner
Re: changed to non-custodial parent
I feel that I need more information in order to answer your question. Usually custody is only changed with the consent of the parties or after a custody hearing where each side has it's day in
court. Click on my web address to get my telephone number and give me a call.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: changed to non-custodial parent
I see that two other attorneys have already responded.
A basic principle of American law is that every person have a chance to speak to the judge before the judge makes any decisions concerning the person. You need expert advice from a divorce attorney. If your current attorney is not doing that, get another attorney immediately. I suggest that you find a lawyer near you. If I can assist, please let me know.