Legal Question in Family Law in New Jersey
Should Child Have Cell Phone From Out of State NCP?
My son stopped using the cell phone
I provide him here in NJ several
months ago. Recently, his behavior
became very negative and DYFS got
involved after he physically assaulted
me again.
We discovered that the husband of
the non-custodial parent (NCP) who
lives in CA had sent him a �secret
cell phone�. My son has been talking
much of his �prime directive�. This
involves going to live in CA with the
NCP until he is an adult. The NCP
has refused to go to court to request
this. There are reasons why she
could not succeed there.
As a recent scene involving the Police
and DYFS went down, my son gave
me his phone as he was admitted to
an intensive Care Psych. Ward. The
hospital discharged him in time for
his summer visit with the NCP in CA.
Now, I do not wish to give my son
who lives with me in NJ a cell phone
with a CA area code on an account I
cannot monitor. Do I have a legal
right, derived from physical custody,
to specify which cell phone my son
uses? May I wait until my son
returns to NJ to return the CA cell
phone to the CA owner?
1 Answer from Attorneys
Re: Should Child Have Cell Phone From Out of State NCP?
I must admit, this is absolutely the first time I have ever heard something this bad. Prime Directive? inpatient psych ward?
If this comes to a fight, then the Judge will decide what is in the child's best interests. If taking away that cell phone will be good for your son, then the Judge would allow that.
Is it necessary to control what is happening, to help your son with his mental illness? Do you need to go back to court to change how things are set for visitation?
You really should talk to both a family law (divorce) attorney, and the doctor or doctors who are treating your son, to see what is best for him.
Please call my office if I can assist you. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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