Washington, NJ asked in Child Custody for New Jersey

Q: My exwife withholding my child during one year without any reason and violating court order where we have visitationtime

After I remarried my exwife start to withhold my son from me. One year I don’t see my son. She completly stop all communication with my son. Before she took away his phone he texted me that he love me and want to see me so much. What should I do at this case and can I fight in court for sole custody at this point? I was in police they can’t do nothing I was in court with emergancy motion and judge just gave to my exwife copy of court order and ask her to follow but she doesn’t. Prosecutor told me that it’s not a criminal case. I am lost and just want to see my son.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: You need to schedule a consultation with a "certified matrimonial trial lawyer by the New Jersey Supreme Court" to discuss what has taken place and how to get your parenting time rights re-established. I dont know if what you filed with the court was filed incorrectly or if there is another issue outstanding, but it makes no sense to me that a superior court judge could enter an order requiring your ex to resume parenting time and she continues to defy the court's order without recourse available to you. If you want, contact Angela from my office at 973-379-9292 to arrange a consultation ( which can be handled through Zoom or in-person). In advance of that consultation, please send us a copy of the original order/agreement for your parenting time with your son; a copy of the application you filed with the court ( including the forms of relief sought and the written statement and attachments provided), your ex's opposition papers; a copy of the order entered by the court as a result of your application, and the police report showing that you went to the police for assistance and any emails or text message material between you and your ex about her continued refusal to give you your parenting time with your son. For a lawyer to assist you, he needs all of that paperwork to see what you were originally entitled to by way of parenting time, what you filed with the court, what your ex told the court in her opposition and what the court did by way of an order after having considered everything. Once I have looked at all of that material, then we can talk and I will be in a better position to give you advice on how to move forward constructively.

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