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Child custody in NJ. I'm parent of primary residence. Ex is…

Customer Question
Child custody in NJ...

Child custody in NJ. I'm parent of primary residence. Ex is looking to cause problems with before and aftercare arrangements.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NJ

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. We have joint custody. Aftercare facility is stating that this means that either person can make a decision without the other. I say if both don't agree it doesn't happen unless ordered by a judge. Who's right?

Submitted: 7 months ago.Category: Family Law
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9/26/2017
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

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Is there anything in your order or judgment that specifies who has final decision making or who has decision-making authority? Thank you.

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Customer reply replied 7 months ago
No. The court order does say that I am the parent of Primary Residence. It also states that the school or Doctor should call me first in the event of an emergency as I normally handle these things.
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Thank you for that information.

The aftercare facility doesn't get to say who has what rights. Only the court can say that and it already has.

Since you are the PPR, the decision should be made by you. In general, once a PPR is chosen, the Courts will give more deference to that parent’s decision-making authority than to the other parent. Also, the PPR is usually the parent who receives child support, while the PAR is usually the parent who pays child support. Finally, the PPR is usually the parent with more responsibility, including the responsibility to keep the PAR informed and matters that impact the child’s overall welfare.

If you are the PPR, the school or doctor calls you first, then you would have final decision making. We spell that out in NY many times, but in NJ, you have that as part of your PPR rights. You're correct and your ex is not. He has to defer to your decision and if he doesn't like it, he has to go to court. Of course, we don't want him to go to court, but you can tell him it's a waste of time bec the court already decided (or you agreed) that you are the PPR, and because of that, you generally have the final decision on the subject.

Does this answer your question?

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By the way, I don't know the specific nature of his issue with the aftercare, and other care, but you don't have to go to court to resolve this. You can make the decision and he needs to follow it. You don't have to both agree. Only if he doesn't like what you've decided does it have to go to court, otherwise it does happen the way YOU want it to happen because you have the right to make that decision.

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Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney

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