Legal Question in Family Law in New Jersey
Notification of out of state vacation
Does the non-custodial parent who only has visitation have an obligation to inform the Parent of Primary residence that he will be taking the child out of state on vacation and not privide any info as to where the child will be. Giving Flight info, phone numbers, etc. Non-custodial parent refuses to discuss any issues about the child w/POPR. There is no communication on any level. POPR is worried to death about where her child is.
4 Answers from Attorneys
Re: Notification of out of state vacation
I have handled many of these issues as part of custody and parenting time issues raised in my cases. In my experience a court (and in Camden County) will require all of the information to be provided to you before you child can be taken out of state, even for a vacation.
However, if you do not have a court order, you will have to file a motion to get a court order to get the information.
I would be happy to help you. Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Notification of out of state vacation
I have read what the other attorneys have said.
My only comment is that you need to fix this, get it under control so that you are comfortable with how your child is being cared for when with your ex. You should get an attorney's assistance.
Re: Notification of out of state vacation
There are much larger issues here. Why are you "worried to death"? Is the father a dangerous person in general? Has he brought your child home from visitation with injuries? Are there restrictions in the custody plan that have been violated? And most important, what else has not been communicated to you in the past that has presented a problem.
In general, you should know where your child is; but it seems to me that we need to understand why this has become such a problem at this time.
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 not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
Re: Notification of out of state vacation
In order to give you a complete answer, I would need more facts. First, neither of you can take the child out of state unless the other consents or if there is some court order allowing you to do so. Furthermore, phone contact is usually provided in most orders as is the location of the child at all times.
If you really are worried to death and this has been really difficult, I suggest you get an attorney to try to work this out for you. It should not be expensive at all and should only run you the price of a speeding ticket or so. Furthermore, if this has to go to court, you "may" be able to get attorney's fees. My consultations are always free, so call me at 732/247/3340 and we can discuss your options.
Good luck!