Legal Question in Family Law in New Jersey

Can she force my son to go with her and her boyfriend?

I live in New Jersey with my 7-year-old son of whom I have sole custody. His mother has been seeing him 3 times per week. But now she has moved in with a boyfriend and my son cries whenever my wife comes to pick him up because he says he is afraid of her boyfriend. He only wants to visit with her if the boyfriend is not present. My question is: Can my wife FORCE my son to go with her against his will? Can he decline to go with her despite the fact that he is only 7 years old? My son came to me with these concerns. I did not plant them in his mind. I would appreciate any legal advice you could offer.


Asked on 10/24/03, 12:36 pm

3 Answers from Attorneys

Lorraine Ahlers-Mack Law Offices of L.Ahlers-Mack

Re: Can she force my son to go with her and her boyfriend?

You must grant visitation ordered by the court or attempt to modify the order to disallow the boyfriend be there. If no order is in place then you must either go to court or resolve the issue with the child's mother. You can call me at 201-330-0722.

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Answered on 10/27/03, 9:21 pm
Bruce Matez Gerstein Grayson, LLP

Re: Can she force my son to go with her and her boyfriend?

If you are on good terms with his mother, talk to her about this and try to resolve it together. Maybe your son needs some reassuring that her boyfriend is not trying to take your place. Maybe some boundaries need to be established. If that doesn't work, or is not possible, the rest of your questions depend upon what is ordered by the Court. If there is no Order for parenting time by his mother, then you can set limits on the time that she spends with him. However, if there is and Order, you must return to Court and have the Order revised or modified. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 10/24/03, 12:49 pm
Gary Moore Gary Moore Attorney At Law

Re: Can she force my son to go with her and her boyfriend?

The real question is whether you can obtain a court order controlling your child's exposure to whatever is happening in his mother's residence which is upsetting him. Yes.

You can call me at 800 273 7933 to discuss your problem.

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Answered on 10/24/03, 1:13 pm


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