Sewell, NJ asked in Family Law and Child Custody for New Jersey

Q: Ex husband picked up my 16yo from school during my court ordered parenting time...what are my options?

I am PPR. Parenting time is shared 50/50...all court ordered. I had a disagreement with my child out of hurt by something she did. She called her dad to pick her up from school during my parenting time, which he did. I spoke with him and he said she doesn't want to come home and he can't make her. He said he didn't know how long she was going to stay there. Was thinking about giving her a cooling off period then picking her up after his scheduled parenting time. Is this a wise decision if i end up having to go back to court? Or do I call the cops? Also, what if he won't let me have her when i go to get her? I didn't think he could just violate an order. I just want to do what's best for her and have her home.

Related Topics:
1 Lawyer Answer
Michael Andrew Conte
Michael Andrew Conte
Answered
  • Divorce Lawyer
  • Princeton, NJ
  • Licensed in New Jersey

A: This type of issue is sensitive. Being that your post is two weeks old, I presume that one way or another it has resolved by now. As a general rule, it is best to try to address these type of teenager issues delicately, by trying to talk it through with your child, while trying to gently remind the other parent that they have an obligation to try to work with you to see that the custody/parenting-time order is followed. If you are unable to do that on your own, sometimes a letter from a family law attorney that you have retained can help him to understand the gravity of the situation. Another thing to think about is that if the issue is raised in an application with the Court, the Court will recognize that a 16-year-old child is getting relatively close to adulthood. Therefore, before you head into litigation about a child of this age, it is important to consult with a qualified family law attorney to assess the potential costs versus the benefits of all alternatives.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.