Legal Question in Family Law in New Jersey
Family Law
Hello,
My boyfriend and his son sleep over my house, he was just granted custodial parent. The Ex wife does not have custody, she is insisting on getting my address that she should know my address if her son is spending nights over. Legally should she have the right to my address?
2 Answers from Attorneys
Where is my kid?
Let's look at this logically. Wouldn't you want to know where your child is?
And let's be clear about our terms. "Custody" has different meanings in different situations. There is "legal custody" which determines who makes major decisions. In most cases, parents share joint legal custody. Then there is "residential custody". In most cases, one parent is the "Parent of Primary Residence" [PPR - this being where the child sleeps the majority of the time] and the other parent is the "Parent of Alternate Residence" [PAR - where the child sleeps the other nights]. Just because the child sleeps in one household more than the other household, the PAR does not lose the right to know where his or her child is.
The more important issue to me is why you would want to deny the ex the right to know where her child is sleeping. You may have very good reasons; is she dangerous? Has she threatened you or your family? In those cases, you may have the right to deny her this knowledge. Absent that unusual circumstance, it is not clear to me why this would be a problem.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Family Law
As usual, Mr. Gleaner gave you a well written answer. I agree with him and I see no reason why she shouldn't get your address. You would have to show some extreme circumstances to not give it to her.