QUESTION
I have jointed custody with my child's father I gave him temporary residency of my daughter due to my homeless situation not he refuses to give me her
Asked on May 20th, 2017 on Child Custody - New Jersey
More details to this question:
We both have jointed custody I use to have permanent residency of my child he only has temporary till I get on my feet now that I'm ok he refuses me to get her only allows me to see her in his house
2 ANSWERS
Anthony Van Zwaren
You don't mention if you are still homeless but you say you are back on your feet, so I presume you have housing. However, the fact that you gave him temporary custody may affect the conditions of your prior agreement. But if your order is the same as before, and you can demonstrate that you have stable housing and economic conditions, the court would certainly have to consider having the child either placed again in your custody, or at least modifying the current terms of visitation and custody (i.e. perhaps joint custody). You should always consult an attorney though before going to court.
Answered on Jun 05th, 2017 at 9:00 AM
2 Awards
If you have an existing Order giving you custody and permanent residence, but the child's father is not obeying that order, you have to go back to court on a motion to enforce the Order. You can fidn the forms for same at the New Jersey Judiciary website.
Answered on May 24th, 2017 at 7:24 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship