Legal Question in Family Law in New Jersey
guardian vs custody
My 15 year old son wants to live with his sister and her dad in flordia.(His mom(Deceased) is not there I have sole /physical custody) I'm not giving up custody but have to write a notorized letter giving him guardianship to be able to enroll him in school. Do I have still have rights to my son seeing I have custody--like if I want my son to come home to me in NJ do I have the right to have him come back? Does custody overide guardianship?
2 Answers from Attorneys
Re: guardian vs custody
I think you may be getting yourself in a messy court battle. If he goes down there, he wants to stay down there and there is nothing wrong with the father, you can bet a court will probably let him stay.
Re: guardian vs custody
I am not quite understanding the relationships here, based on your question. However, if you have custody, you can make the call. The reality of the situation is that once a 15 year old makes a decision, if he decides he wants to stay, how are you going to force him to come back without going to Court? Your son is starting to get to the age where he can make his own decisions about who he wants to live with.
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