Legal Question in Family Law in New Jersey

Non custodial parental rights

My child has been living with me for over 3 years and has not spent more than 10 days with his father since June 1,2001 and before that he lived with me 2 weeks and then his father for 2 weeks. His father has full custody which I gave him at the time our divorce. Our son is in trouble mentally and his father is refusing to sign papers for him to get the treatment he needs. Can I get a temporary custody based on our son's mental condition and then go for full custody once he has been placed or, do I need to go for full custody? My son refuses to go to his fathers house and wants me to go for custody. I don't know where to turn.


Asked on 11/21/01, 12:03 pm

2 Answers from Attorneys

Arthur Malkin Arthur David Malkin, Attorney at Law

Re: Non custodial parental rights

I would suggest going filing a ntoice of motion to change custody. You will get a hearing and if you can make a case, temporary custody can maybe be switched to you right away.

I advise you to eek counsel in this matter, if you wish to contact me, e-me at [email protected] or call 973-541-1500.

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Answered on 11/21/01, 12:08 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Non custodial parental rights

You are under the mistaken belief that you do not have custody. In fact, you do. From a factual standpoint, during the last six months (approximately 180 days), the father has had the child for 10 days. It does not really matter what the papers say; you, in fact, have custody. It is another matter to get the papers to say what is factual in effect. For that, you would need to make an application to get the proper documentation. However, that should not be an impediment to you getting the proper medical treatment for your child. What is stopping you from just taking your child to the doctor and asking for the care? I wouldn't think that any doctor would even question this procedure, as it occurs every day of the week. This is what I think you should do. At the same time, you need to get an attorney to file the appropriate applications. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/21/01, 12:58 pm


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