QUESTION
Do we need to go to the court for change of temproary custody?
Asked on Apr 02nd, 2022 on Child Custody - New Jersey
More details to this question:
My son resides in NJ with his mother (Princeton and wants to spend a year with me in WV. The court gave custody (physical) and he would now be in my custody (in WV0 for a year. His mother is stating do not need the courts and she would reimburse me for child support. I've told her that the change would need to go through the courts and child support as well. To make a change to a custody order would it or would it not need to go through the courts?
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
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Thank you for your question. I’m sure this is a very stressful situation for you. To protect yourself you absolutely want this change to go through the courts. If you don’t, she could claim at any time that you took the child and are keeping him, in violation of a court order. You should consult with an experienced family law attorney who can give you advice tailored to your unique situation.
The attorney would most likely recommend drafting a proposed Consent Order delineating the new terms of your custody agreement. Once both parties sign same, it would be filed with the Court, and the Judge would sign it, making it a Court order. The opposing party may not want to go through the process of filing an application to make the change. However, if you agree to the terms in a Consent Order, nothing else needs to be filed and no court appearance is necessary. The key is to have experienced legal counsel draft the Consent Order to make sure the interests of both parties are protected.
Answered on Apr 07th, 2022 at 2:57 PM
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Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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The biggest issue in your matter is that you are paying child support to your ex and the system reflects her as the primary custodial parent. The safest way to handle this issue is for a family law attorney to prepare a consent order for temporary modification of custody plan and suspension of child support. The proposed form of order should be detailed and must spell out the date of the change over of physical custody and the date of the suspension of child support - with direction to the probation department to cease collection of child support until receipt of a new order reinstating the child support.
How travel, payment of your sons expenses, decision making for major decisions all need to be spelled out in the consent order as well. Presuming that it is prepared properly and signed by both of you, it can be submitted to the court for its signature without anyone having to appear in court. People do it all the time and as long as it is prepared properly and the details layed out in the order as to the reasoning for the change, the court will sign it and send it back ( presuming that you supply the return envelopes).
Answered on Apr 03rd, 2022 at 10:33 AM