Legal Question in Family Law in New Jersey
My ex husband is living in america while i'm living in ireland, he basically abandoned me and my son and isnt paying any support at all and is barely in contact, but when he is constantly brings up my son going to stay with him america. Legally do i have to allow this? My son is only 3 years old and i dont trust my ex enough to leave him unsupervised, i have a fear he'll disappear with him.
2 Answers from Attorneys
If you are in Ireland I would expect he would have to apply for visitation in Ireland because the child does not reside in the USA. Of course, if the child lived in the USA the father could file a complaint here for removal from New Jersey without a court order or the father's consent. I would hope that you left with the child to Ireland with the father's consent.
I can not tell you what the law is in Ireland. If you do let your son come here to New Jersey, then the New Jersey courts and New Jersey law may apply to your son and yourself.
May I suggest that you can take him to court for the court to decide on visitation and also order him to pay you child support. That may be the way to get a court order on this topic.
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