Can Your Ex Prevent You From Taking Your Child To See Family?

Below is a question received from a New Jersey divorced dad who is concerned about his child’s well being when his ex-wife takes the child to visit with family members.

Question for a Cordell & Cordell New Jersey divorce lawyer:

My ex-wife has a relative with a checkered past for both drug and alcohol abuse, and she is allowing our child to spend time with her relative during her parenting time.

I do not feel my child is safe with my ex-wife’s relative, especially when she does not inform me that our child is going to visit this person.

Does an ex-spouse have an obligation to inform the other parent if their child will be spending time with relatives? Is it possible for me to prevent the relative from seeing our child if I have safety concerns?

Answer from Red Bank divorce attorney Michelle L. Ferreri:

This is a difficult situation. Parents have the ability to let their children spend time with family members during their parenting time; it’s their choice. 

They don’t necessarily need to tell the other parent it is happening, unless of course this family member could be a threat to the child.  

Parents generally are not required to advise the other parent who the child is with during their parenting time unless they are taking the child out of state or, as mentioned above, this person could be some sort of threat to the child. 

If you are fearful this person could be a threat to the child, then you should contact the Division of Child Protection and Permanency. Or you can file a motion with the court seeking to restrain the other parent from allowing the child to be alone with this person, if you have solid proof that they are a threat to the child. 

You could also ask the court to enter an order requiring the other parent to advise you when the child is spending time with this person, but a judge may not be inclined to order this unless the other person is a threat. 

Please note that this is not legal advice and is only general information based on the limited information provided. You should contact a Red Bank divorce lawyer for additional information or possible legal representation.

Cordell & Cordell has family law offices located in Red Bank and Mount Laurel and its attorneys are licensed to practice throughout the state. To schedule an appointment with a divorce attorney, including Michelle L. Ferreri, please contact Cordell & Cordell.