Legal Question in Family Law in New Jersey

Father keeps leaving state without notification
My ex and I have joint legal physical custody of son, age 8.We have a 3/4 split alternating weekly schedule.Son attends dads school district(my choice at the time). My husband and I were in the process of purchasing a home but not sure which area at the time and ex already owned his own home so it seemed logical to me at the time to enroll him in his school district. Now he acts like he has full custody. Problem is ex will not communicate with me. Claims it upsets his new wife. My son has informed me that dad has been going on out of state business and planning to go February for 1 month to Hong Kong. My son has requested to stay with me during the times his dad is gone. He has a problem communicating with my ex new wife since she is from Japan and does not speak English very well. When I asked my ex about such trips he denies them to me. Since my ex is not informing me of these trips and if he in fact does go for the month, do I have the right to keep the child with me and not continue the visitation schedule with his wife.She works full time I am at home. Also, would I infact be able to withdraw him from the school district to my school district? The school bus stops at my driveway compared to the 20 mi drive to dads school.

Asked on 1/09/05, 8:52 pm

Gary Moore Gary Moore Attorney At Law

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Re: Father keeps leaving state without notification

You ex-husband's new wife has no visitation rights

relating to your son. If the father is away you son should not be required to stay with the new wife.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Answered on 1/09/05, 11:15 pm

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