Legal Question in Family Law in New Jersey
Joint custody rights
This is my dilemma.I have a legal joint custody agreement with my ex...she has arbitrarily decided to keep my son from me. She won't even allow me to speak with him at this point.Our agreement has been alternating Sundays with my having him on Thurs. and Fri. and she having him every Tues. and Sat. with Mon.& Wed alternating.My son was due back to me on Wed. this week, I received a phone call on Tues. informing me he wasn't coming back just yet. What are my rights?
1 Answer from Attorneys
Re: Joint custody rights
This is so sad. Unfortunately, unless the child is very young, he/she will find out about this struggle. Anyway, you can try to get the police to enforce the Order, by showing them a copy and getting them to go to the house with you to pick up your child. You should tell your ex ahead of time that you intend to do this. Maybe that will wake her up. However, many police departments will refuse to get involved. At that point, your only option would be to file a motion, perhaps on short notice, to force her to comply. You would likely be able to recover counsel fees in that case. You should immediately contact an attorney to discuss this in more detail, since there may be other facts of which I am unaware that may change my answer. If you want me to assist you, feel free to call me at 856-546-8010. Good luck!