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My ex-husband just sent me an email that he is taking my son…

Customer Question
Hi. My ex-husband...

Hi. My ex-husband just sent me an email that he is taking my son for Christmas. Our arrangement states he will be with me. He will be with him Christmas Eve and I know he will not bring him back. Before there is a big problem. I want to see if I can resolve this before Christmas. Thank you, Bridget

Lawyer's Assistant: Family law varies by state. What state are you in?

NJ

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

Several years ago. But not now.

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

No, this is the biggest issue right now.

Submitted: 2 months ago.Category: Family Law
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Answered in 3 minutes by:
12/19/2017
Family Lawyer: Damien Bosco, Attorney replied 2 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Family Law
Satisfied Customers: 3,649
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney.

Is there a court order or an approved custody settlement agreement addressing these custody/visitation issues? Or is it something you and he decided upon outside of court regarding this coming Christmas?

Also, has he agreed to return him Christmas Eve or Christmas morning?

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Customer reply replied 2 months ago
there is a court order in regards ***** ***** The general visitation court order is out of date as the last one we had he has living in Hawaii. He has not agreed to return him at any time over the holiday.
Customer reply replied 2 months ago
thank you
Family Lawyer: Damien Bosco, Attorney replied 2 months ago

Okay. Does the court order state or indicate who has the child this Christmas?

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Customer reply replied 2 months ago
Christmas is always with me.
Family Lawyer: Damien Bosco, Attorney replied 2 months ago

If Christmas is always with you, then unless you agree, your ex-husband cannot take the child for Christmas. Since he is indicating that he is going to take the child, then you will have to consider whether you want to make a motion in court to have an expedited hearing on the matter.

We can continue to discuss this. Just let me know if you have further questions.

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Family Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again:

Checking in to see if you need further help. Your satisfaction is my goal.

If I have not answered your question completely or missed a question, please let me know.

If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no extra charge to you. That’s how I get paid for working on your question. Best regards.

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Damien Bosco
Damien Bosco
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Category: Family Law
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