Legal Question in Family Law in New Jersey

we are never married parents of a 15mo. old son. paternity is not an issue. we were living togeather when out son was born but we have now seperated. my son livies with me (the mother) do i legally have residential custody? my son't father threatens to take him when it's not his normal day we agreed on (we made a visitation plan on our own that works out well) can he legally take him over night without my consent?


Asked on 4/22/10, 12:00 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

I am unsure how you can say your plan "works out well" when you said just before that that the father is making threats to take the child on days that are not in the plan. It appears to me that the plan is not working out well. I would suggest that you file for residential custody and a parenting time plan in the county where you live so that there is a formalized order that can be enforced by the Court.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 4/27/10, 12:44 pm
Robert Davies The Davies Law Firm, P.A.

You need a lawyer to help you get a court order, and to get child support payments.

Call me and I will see what I can do. 201 820 3460

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Answered on 4/27/10, 1:41 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

This is what I call, the Wild West because there are no court orders to enforce and thus, no rules. You should speak to an attorney ASAP. Call me anytime at 732/773/2768. I have an office in Metropark.

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Answered on 4/27/10, 2:06 pm


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