Legal Question in Family Law in New Jersey
joint custody
My ex and I have joint custody with me being primary custodial parent.Am I responsible for making decisions or do we jointly have to make decisions? Can he do things without asking me?I am frustrated with not knowing what my rights are with this title as primary custodial parent.Can you atleast tell me where to find this information?I want to know if I can tell him to stop doing things that I feel are wrong but also be able to lean on the law as my defense. I am keeping a journal and/or emails of incidents and communication. for example, can he take vacation time with him that was reserved for the summer during the first week of school?? I think NO but I�m not sure if that is correct. Please help. thank you
2 Answers from Attorneys
Re: joint custody
As the primary residential parent you have the right to make day to day decisions for the child. However, decisions related to health education and general welfare (major decisions) should be made upon consultation between both parents.
If your former spouse is making major decisions during his parenting time without consulting you, then he is wrong.
As for the school/summer vacation - it is not likely that a judge would allow a child to miss the first week of school to go on vacation - depending on the age, grade and actual circumstances.
Re: joint custody
Joint custody means doing important things for your child in consultation with his father and the father doing important things for the child in consultation with you.
If there is a visitation schedule both parties must abide by it.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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