Legal Question in Family Law in New Jersey

I am the custodial parent (father) since 05. Child lives with me in NJ, where he attends high school - 2 more years left. Non custodial parent (mother) lives in NY. One week before school starts, non custodial parent decides she wants to keep child (child visiting for summer) and register him for school in NY. I have not asked or received any support from non custodial parent since 2005. Non custodial parent is not working and can not financially support child on her own. Can mother/non custodial parent transfer child to school in NY without my consent? Will school release records to non custodial parent without my consent?


Asked on 8/31/09, 10:26 am

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

I assume that there is a court order awarding you residential custody of the child. You need to enforce the order. You can go to the police and file a complaint for denial of custody or you can file a motion with the Court which issued the Order to hold the mother in contempt for for sanctions.

Call me if you like.

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Answered on 9/05/09, 11:56 am
Antoinette Wooten The Wooten Legal Consulting, PC

Do you have a custody order?

You need to take the non-custodial parent to court and enforce the order in NJ.

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Answered on 9/05/09, 12:59 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

As the other attorneys said, we assume there is a custody order. Regardless, you should call an attorney and discuss filing an emergent order. Call me at 732/247/3340 to discuss.

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Answered on 9/05/09, 6:16 pm
Robert Gleaner Robert A. Gleaner, P.C.

Case law in NJ would require her to make an application to change the primary residence of the child. Since she has not done so, she is in violation of your rights as the primary custodian. Demand that the child be brought back to NJ and if she does not, you should take your Court Order to the local police and ask them to enforce it. Next step woud be Court.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Feel free to call me to discuss your matter in more detail. Mention Law Guru and your first one hour consultation will be free. Good Luck! Rob Gleaner

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Answered on 9/06/09, 8:55 am


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