Legal Question in Family Law in New Jersey

My son and his x-girlfriend have a 3 year old child. My son (27) lives with me and his x (24) lives with her parents. She and the child lived with us since she was pregnant Jan 2006 until August 2009. In August 2009 she decided to move back home and the child would spend a few nights at our house (usually when she stayed the night or even sometimes without her) until they broke up last week. She is now refusing to allow my son to have the child alone (just because she is claiming he is nuts, which he is not - other than her making him nuts). There is not and never has been a court ordered custody agreement. Can the mother decide if and when the father can see the child? Can he demand that the child stay with him half the time?


Asked on 11/05/09, 1:20 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

He will have to file a complaint for visitation with the Family Part of Superior Court in the county

where the child resides.

Call me if you like.

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Answered on 11/10/09, 1:48 pm


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