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Author Topic: Custody change and contempt  (Read 811 times)

awaitingjustice

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Custody change and contempt
« on: May 11, 2006, 10:30:29 PM »
Order is in NJ, child is in NJ, I am in TX

I am filing an Enforce Litigants Rights motion in NJ regarding numerous orders which the CP has violated from August and December 2005.  The most difficult of which is the CP's derogatory remarks about me and her letting the minor child read all court documents, her sabotaging visitation, and all in all violating the courts order that "the Defendant is not to interfere with the Plaintiff's relationship with the son or attempt to estrange the son from the Plaintiff."

Up until recently all of the 'proof' I had was pure speculation on my part, and gut feeling.  Then a recording fell into my lap.  A telephone call to my residence during which the CP berates me to the child and plots a plan to get what she/they want from me- less visitation time.(go home early)

Part of the original orders were that the CP attend counseling- she refuses.  This will all be part of the contempt motion.

The question is this:  Can I specifically ask that the courts remove the child from the environment, however, what I would like to see happen is that the child live for some time with his grandparents (same schools, same neighborhood, same friends, less traumatic for my son, and he already spends 2-3 days/nights a week there) rather than have the courts say he has to come to Texas- if he wants to come that is fine, but I think it would be traumatic for him and I am torn.
Can I ask them to assign my joint custody with his grandparents rather than the CP(mom) while she attend classes and counseling?

Would they look at that type of request?

Thanks-


socrateaser

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RE: Custody change and contempt
« Reply #1 on: May 11, 2006, 10:56:50 PM »
>The question is this:  Can I specifically ask that the courts
>remove the child from the environment, however, what I would
>like to see happen is that the child live for some time with
>his grandparents (same schools, same neighborhood, same
>friends, less traumatic for my son, and he already spends 2-3
>days/nights a week there) rather than have the courts say he
>has to come to Texas- if he wants to come that is fine, but I
>think it would be traumatic for him and I am torn.
>Can I ask them to assign my joint custody with his
>grandparents rather than the CP(mom) while she attend classes
>and counseling?

You can ask for whatever you want, as long as it's not cruel, unusual, or excessive in proportion to the contempt.

>
>Would they look at that type of request?

Well, er, uh, um...this is NJ, we're talking about -- home of the most bizarre family law doctrine in any jurisdiction, so I can't really say.

Frankly, your best bet is to move back there long enough to get custody -- unrealistic as this may seem.

You could also request that the child be placed in foster care, but I think your best move, assuming you win -- which I wouldn't bet on, especially in NJ, is to ask the court to do what it believes is in the child's best interests, appart from yours.

This sort of selflesness may so astonish the judge, that he/she may grant you custody, just because.

Because why? Because it's NJ! LOL!

 

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