Legal Question in Family Law in New Jersey

Re: conflict in decision

There is a much larger issue here that involves the way parents deal with each other and the way they involve the child. Let�s go over a few general propositions (some of which, I admit, are honored in the breach):

1) Parents should try not to let the children know that they are in dispute on any issue.

2) Where there is a dispute, same should be discussed privately and the final decision should be made by the parties not by the child.

3) If the child is old enough, a neutral question should be asked of the child, in a manner that does not allow the child to know that there is a dispute involving the issue.

4) Again, if the child is old enough, his/her desire should control.

5) Parents should try to not schedule activities during the time that the other parent has the child; where this cannot be avoided, such as sports schedules or other lessons, the parent who will have the conflict should be in agreement and in fact, should be encouraged to participate or attend.

Now, let�s get to this particular problem. There are more questions that I have before a legitimate answer can be given. Why is there a dispute? What are the pros and cons of travel baseball? Have both parents really discussed this and understood why one party objects and why the other party wants this? Apparently, in this case, the child is voicing an opinion. What does she really want? Assuming she is old enough to have an opinion, has the objecting parent asked her what she wants and assured her that he will not be angry if she chooses against his wishes (and means that when he says it)? If you go through this procedure, I doubt you will end up with any dispute at all.

However, in any situation, where the parties disagree on any issue, a decision would be made and if the other party objects, he or she would need to file a Motion with the Court to change the decision. This is obviously expensive, so the issue should probably have some significance.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact a family law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner