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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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How much does this cost me? I am having a issue with my

Customer Question

How much does this cost me?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: I am having a issue with my children's school principal. I love live in NJ and recently got divorced. I am parent of primary residence. I will try to make this as short as possible. My ex(father of our children) got visitation on every Wednesday overnight and every other weekend. Well my children are refusing to go due to valid issue as. The police are called almost everytime and everytime it's the same outcome. They talk to my children. Daughter is 13 and son is 10. Well the same situation happened at school. A officer was dispatched to the school, spoke to the kids and social worker and determined he did not think it was in their best interest to make them go to their dads. Kids ended up coming home. Didn't hear from their father for 2 weeks. Well he showed up at the school on Wednesday and children were crying, refusing to go. The principal told them they were going and if their father had to physically pick them up and place them in his car she would let him. I spoke to the officer tonight and he said she had no right to do that. What do I do?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: He is supposed to pick them up again tomorrow after school and they are scared to death.
JA: Is there anything else the Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 9 months ago.
Category: Family Law
Expert:  Steven K. replied 9 months ago.

If the visits need to stop, you need to go to court and modify the order. Otherwise, your children are legally required to go with their father whether they want to or not. Therefore, the principal is not only within her rights, but is required to let the father take the children during his court ordered time. Really, the solution is to change the order. If you fight the principal, you could get in trouble for violating the order giving him visitation rights.

Customer: replied 9 months ago.
I totally understand that. However, the state trooper informed me that in no way is anyone allowed to force a child to go somewhere where they don't feel safe, and the schools job is to insure the safety of the children. I have not got paid child support since August 2015, and I am raising 2 children alone and I cannot afford to go modify the order as of right now.
Expert:  Steven K. replied 9 months ago.

I believe the officer was mistaken. The law does permit parents to use physical force. If the officer says this, s/he should provide you with the law that says this. I don't believe there is one. I agree that it is bad for a child to force them, but the law does not support my belief. As for the child support, you could attempt an enforcement action against him. Is the state enforcing your order?

Customer: replied 9 months ago.
the state is enforcing it. And the officer said that the principal could NOT force the children to go and physical force was not allowed
Expert:  Steven K. replied 9 months ago.

I suggest you ask the officer for the citation of the law that states that.

Officers sometimes claim the law is a certain way and they are wrong. I believe this officer is wrong. If the officer were correct, then he could charge the principal with whatever crime he thinks she would be committing. Since I don't believe she's violating any law, I believe she will not be charged with any crime.

As for the child support, if the state is enforcing it and he's still not paying, I assume he doesn't get a regular paycheck that could be garnished. You could attempt to enforce support with a contempt of court action.

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