QUESTION
Will I get in trouble if my son doesn't go to his fathers every other weekend as stated in separation papers? My son told his dad he didn't want to go
Asked on Jul 09th, 2017 on Child Custody - New Jersey
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
It is never a good idea to not follow a court order or agreement. You could be held in contempt. Your son's father would have every right to file a motion to enforce the order/agreement. Courts make decisions regarding custody and parenting time based upon what is in the best interests of the child. If you believe, and have evidence, that going to his other parent's home every other weekend is not in your child's best interests, then you need to file an application with the court seeking a change in the parenting time plan.
Answered on Jul 10th, 2017 at 5:54 AM
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Anthony Van Zwaren
Unless the father is consenting you are violating a court order. It is not up to the child although his age may have some weight i.e. is he 17 or 7? If you need or have reason to change the visits you will have to file a motion with court to change the current schedule. The child does not set the terms of visits.
Answered on Jul 10th, 2017 at 5:44 AM