Legal Question in Family Law in New Jersey

If the non custodial parent has never spent any real time with a minor child (6 years old),can they just up and take the child whenever they feel like it without the legal physical parents permission?I was planning to visit her grandparents for a whole year and he knew this for months.Now a few day before he calls me and tells me that I'm not going he is coming to get her without me.He has only seen her twice and that was once 6 years ago and last summer for a week.He is trying to ruin our plans all because he feels guilty about not being there but now he wants to be daddy and I have no say so in anything so I'm supposed to just let him come in my house and take her no questions asked and be forced to stay behind when i planned this already.

the only thing in the court order is that he can have nightly conversations with her and he doesnt even do that.There is no set visitation schedule at all because he is military and stationed thosands of miles away his life isnt stable enough for a visitation schedule that is why the judge didnt put one in place.

we went to court a few years ago because he wanted more time which was dumb because he wasn't spending any time at all with her and the judge threw it out with total disgust because she saw that he was being spiteful like he is right now.


Asked on 12/21/10, 4:01 am

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Sounds like he is being unreasonable, and you have a family vacation already planned which he will ruin. You need some advice, and a plan of action.

Give me a call, make an appointment to come see me, and let's get moving on this for you. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

Robert Davies, Esq. 201-820-3460

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 12/29/10, 3:32 pm


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