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What is primary residential custody

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Mitzie1217

Junior Member
I live in New jersey My ex is taking me to cout for joint custody and visitations.The last time we were in court I was awarded Primary and residential custody of my kids and he was to have supervised visits every sunday he showed up maybe 5 times in a matter of 7 months then I stopped bringing the kids to see him.he is trying to say kept the kids fromhim cause he hasn't seen themin a year but he has madeno attempt to contact me or the kids and he never came down for his visits like he was suspose to.Now he wants joint custody and visitations of the kids I do not want him to have them he is currently under the megans law and he is an acholic I do not trust him with my children and do not want them around him.I was going to move to arizonia and I wold like to know if he can stop me from going and if you think the judge will give him what he is asking for?
 


LdiJ

Senior Member
I live in New jersey My ex is taking me to cout for joint custody and visitations.The last time we were in court I was awarded Primary and residential custody of my kids and he was to have supervised visits every sunday he showed up maybe 5 times in a matter of 7 months then I stopped bringing the kids to see him.he is trying to say kept the kids fromhim cause he hasn't seen themin a year but he has madeno attempt to contact me or the kids and he never came down for his visits like he was suspose to.Now he wants joint custody and visitations of the kids I do not want him to have them he is currently under the megans law and he is an acholic I do not trust him with my children and do not want them around him.I was going to move to arizonia and I wold like to know if he can stop me from going and if you think the judge will give him what he is asking for?


You need to get yourself an attorney. NOW

I hope you have proof that you showed up for 7 months and he only showed up 5 times.
 

Mitzie1217

Junior Member
No I dont have any proof the visitations were supervised by his mother and of course she will lie for him.I have the ourt paper saying that he filed saying he hasn't ssen them in over a year he tried to claim it's because I moved but he knew where I lived and where I worked I moved Sept 07 the last time he saw the kids was Dec 06 he knew my address and my work number he never tried to contact me to make arrangements again.He is trying to say I kept him from the kids because I moved but he knew for seveeral months where I lived n were I worked
 

majomom1

Senior Member
No I dont have any proof the visitations were supervised by his mother and of course she will lie for him.I have the ourt paper saying that he filed saying he hasn't ssen them in over a year he tried to claim it's because I moved but he knew where I lived and where I worked I moved Sept 07 the last time he saw the kids was Dec 06 he knew my address and my work number he never tried to contact me to make arrangements again.He is trying to say I kept him from the kids because I moved but he knew for seveeral months where I lived n were I worked
According to you, she won't be lying. You stated that you stopped bringing the kids to see him. So she can admit that she was the supervisor AND that you didn't show up. That was a huge mistake on your part.

Can you prove that you gave him notice of your move in Sept 07? Him knowing is not relevant, you have to prove that you gave the proper notice.
 

Mitzie1217

Junior Member
i stopped bring the kids because he would tell me he is comming and I would walk 37 blocks with two small children and he would not show and his mother would not b there.there was times that I have brougt the kids up and sat in the park with his mother and we waited for 2 hours and he did not show.It is not my job to chase him to see his children.I comlpied with waht the court wanted for 7 months he was the one who did not keep in his part.I also stopped bring the kids to see his mother because i wasl iving with my parents and they were loosing their apt and i asked her to keep the kids at night while I worked and that I would drop them off before i went to work and pick them up at 7:30 am and drop them off everynight at the same time she agreed to it and it was ok for 2 days then on the 3rd day when I went to pick them up she told my she would see me at ten and when I went there she put all the kids stuff in the hall way in the projects wher it could have bee taken and locked us out n put a note on the door sayin I was lying to her she was home cause I seen her through the window and she refused to open the door to let the kids stay with her and it was pouring rain and cold outside and I had to walk to my aunts house with 2 small kids soak n wet crying cause they were cold n tired and they ended up getting sick from that and I missed work.I told their father what had happen and his response was I don't care it's not my problem:mad:
 

Zigner

Senior Member, Non-Attorney
then I stopped bringing the kids to see him.
So, you decided he couldn't see his kids any more. The correct thing to do would be to go back to court...
I was going to move to arizonia and I wold like to know if he can stop me from going and if you think the judge will give him what he is asking for?
You can count on it...
 

mommyof4

Senior Member
I comlpied with waht the court wanted for 7 months he was the one who did not keep in his part
Got news for you. You ARE in contempt of the order. You don't get to decide for how long you will comply with a court order. You comply with a court order until it is abated or modified.

You need an atty. You are in some hot water. Everything he is going to accuse you of doing is 100% true.

As CP, it IS your job to facilitate a relationship with the NCP.

Your excuses about living with your parents, it being an uphill walk, both ways, in the snow, barefoot, and 37 blocks are worthless.

Don't throw your warm clothes out. Arizona will be an option when your children are grown and your actions (with the children) and your wherabouts are not governed by a court order.

You are in contempt of the order. Get an atty and start praying that the judge doesn't rip you to shreds in court.
 
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Mitzie1217

Junior Member
ok but isn't the fact that he for one is a sex offender and two tht during the time he was suspose to see the kids he was arrested and put in jail for some time gonna count for anything.Do u think that the fact that henever made another attempt to contact me was bad on his part as well n the fact that he never gave me child support and he was collecting SSI and working off the books count for anything?He was in a shelter and the only way I talked to him is when he called me.I had no way of contacting himhe had no phone .
 

mommyof4

Senior Member
Yes, you did have a way to contact him. You know where his mother lives. :rolleyes:

NOTHING that he may or may not have done has any impact upon your legal responsibility to comply with the court order. I'm not going to go back and read your other posts to see what I missed or when the conviction was handed down, etc.

The fact is that there are legal avenues for you to follow to modify a custody/visitation order. You didn't follow those avenues and have now put yourself in a very difficult position where everything he is claiming is true.

Get an atty.
 

Mitzie1217

Junior Member
I can't be the only one in hot water what about him?He has done wrong.He is an unfit parent,an acholic,an abusive violent man,and a sex offender don't I have some kind of rights
 

mommyof4

Senior Member
I can't be the only one in hot water what about him?He has done wrong.He is an unfit parent,an acholic,an abusive violent man,and a sex offender don't I have some kind of rights
Visitation is a right, not a legal obligation.

The rest of it is just details that you are adding as you go. If it was that important, you would have addressed it from the very beginning.

You have the right to comply with the court order or risk losing custody of your kids. Guess what your dealing with now?
 

Silverplum

Senior Member
I can't be the only one in hot water what about him?He has done wrong.He is an unfit parent,an acholic,an abusive violent man,and a sex offender don't I have some kind of rights
His actions are for him to answer for in court.

YOUR actions are the problem for YOU. You are in control of YOUR actions, and held responsible.
 

Mitzie1217

Junior Member
he is not allowed to live with his children or be unsupervised with them at any time because he is under the megans law this is what I was told by his parole officer.And when we went to court the first time I did bring all of that up about him n bein a sex offender and supervised visits n thats why the judge put that he had to be supervised at all times.
 

mommyof4

Senior Member
he is not allowed to live with his children or be unsupervised with them at any time because he is under the megans law this is what I was told by his parole officer.And when we went to court the first time I did bring all of that up about him n bein a sex offender and supervised visits n thats why the judge put that he had to be supervised at all times.

You mean the court order with which you failed to comply? ;)
 

Mitzie1217

Junior Member
I believe he failed to comply as well because the judge asked him picifically what day n time was good for him and he was the one who choose the day and time and the judge said to him to make sure to come down for his visits and he said he would.
 

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