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I share my son with his father on one a week from 6pm to…

Hi i share my...

Hi i share my son with his father on one a week from 6pm to 8:30pm, he never brings him home on time and my son also goes everyother weekend but today he just doesnt want to go with his father is he forced to go?? Even though he doesnt want to

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes when he was a baby we has to go to court and thats what we agreed on by his father just doesnt like to follow the rules that where given to him

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

New jersey

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

That he came to pick him up today after my son called him around 4pm today to tell him not to come get him because he didnt want to go and he was very rude and telling him that my son nd i are to do what he says not what we want

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Answered in 5 minutes by:
6/22/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

Can you please clarify, is there a custody order in place? Or did you and the father come to an out of court agreement on time sharing previously?

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Customer reply replied 1 month ago
We came to an agreement when he was just a baby

Was that an out of court agreement, or was it through a court order? Thanks for clarifying!

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Customer reply replied 1 month ago
We went to court for it they took copies of our paystubs and All that stuff and the person had as sign off on some papers agreeing On theses

Thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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If there is a court ordered custody order in place, then yes you do have to follow the parenting time as stipulated in the current custody order.

That being said, if you are concerned for your son's emotional well-being, or if he has been the subject of verbal or emotional abuse, you can file a request with the court for a modification of custody order.

The court will use the best interest of the child standard when making a custody modification determination. There are several factors to take into consideration under this standard, but if there is any verbal or emotional abuse, or any other concerns for your son's well-being, then you can expect the judge to grant a modification in your favor.

To file a request for a modification, you can visit the clerk's office at the family courthouse, and they should be able to provide you with the forms to get started.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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