QUESTION

How do I get temporary custody taken away from my father

Asked on Dec 23rd, 2020 on Child Custody - New Jersey
More details to this question:
About a year ago I signed temporary custody to my father we did it at a lawyers office and it never went to court so with that being said my father has my son and is telling me I can’t have him back what do I do since this was never taken to court is he allowed to keep my son away from me I live in nj
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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If I understand your question correctly, about a year ago, your dad and you sat down and agreed that it was best for him to take temporary physical custody of your son and for the past year, your father has been handling the day to day responsibilities of your sons care and now you feel that the setting has changed and that you are ready to take back the responsibilities of the day to day care of your son and I presume that your father disagrees and feels that you are still not ready to handle that role. I have no idea why was taking place in your life a year ago that caused you to determine it was best for your son to be cared for by your dad but im sure that if you press the issue, he is going to detail his fears and it probably will result in a call to DCPP for intervention. If the division then intervenes, your dad is going to detail why you temporarily gave him physical custody of your son and why he feels that temporary custody should remain with him. Again, I have no idea whether the world has changed and whether it would be best for your son to come back to live with you or remain with your dad but the focus should be on your son and what is best for him. Maybe the solution is a meeting between your dad and you in a neutral family law attorneys office to discuss the setting and maybe a plan can be worked out for you and him to share custody or a plan for you to get your son back while giving your dad confidence that you are able to handle that role again. Lawyers who specialize in divorce and custody work act as mediators every day and this would be the type of issue that maybe able to be worked out peacefully in that setting without DCPP's involvement or the involvement of the court system. 
Answered on Dec 24th, 2020 at 6:30 AM

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