Legal Question in Family Law in New Jersey

My ex-wife and I have been divirced for 8 months. we share 50/50 custody of our child, allthough her primary residence is with her mother. I am supposed to be able to speak to my daughter, when she is not here, at least daily. She is seven. Her devient mother, refuses to let me speak with her, and has for quite a while. Do I have to take her back to the county court where we were divorced to seek relief, or can I file in the county where I reside currently?


Asked on 7/10/11, 6:05 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

You must file where your case was venue. Additionally, if the child still lives in the county where your case was venued, venue will not be change. You must consult with an attorney.

Call me if you like.

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Answered on 7/10/11, 6:26 pm
Robert Davies The Davies Law Firm, P.A.

This kind of nonsense happens all of the time. If you have to file a motion, yes, it would be in the county where you were divorced, unless your daughter and ex now live in a different location.

You will want to take action to 'make a record' to show the Judge that she is continuously doing this, before you file a motion.

Because this is so common, a lot of motions get filed by fathers and mothers accusing the other of preventing them from seeing the child or failing to return the child from visitation. Since there are so many of these motions, you have to be smart about this. You do not want to be just another exhusband complaining about the exwife.

I can help you do to this motion. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 7/11/11, 6:11 am


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