Is It Illegal to Keep a Child from Her Father

My question involves a child custody case from the State of: New Jersey.

Can an attorney advise the birth mother to keep her child from the child's birth father until he agrees to her change of custody plan?

If there is a custody and visitation order, then the order should be followed.

What are the facts?

Court ordered visitation. She wants him to have less visitation. Threatens to keep his daughter from him unless he does what she wants.

If she wants him to have less visitation, the proper course of action is to take the matter to court.

Taking matters into her own hands could backfire spectacularly in court.

If her attorney actually told her to do this, that person has no business being an attorney.

We have it in writing in a letter from the attorney directly. Stating he advises her to keep his daughter away from his parenting time.

If she believes she has a basis to modify the parenting time order, she should retain her lawyer to file a motion.

Her refusal to comply with the order will allow the father to demand make-up parenting time, and if he chooses he can file a petition to have her held in contempt of court. Denial of access can potentially support a change of custody.

Quote:

---

Quoting Mr. Knowitall

---

If she believes she has a basis to modify the parenting time order, she should retain her lawyer to file a motion.

Her refusal to comply with the order will allow the father to demand make-up parenting time, and if he chooses he can file a petition to have her held in contempt of court. Denial of access can potentially support a change of custody.

---

I think that there has to be more to the story. I cannot imagine any attorney telling a parent to keep a child away from the other parent without serious cause.

So, stepmom, what's the rest of the story?

That IS the story.
She took him to court to lessen his parenting time. Judge was ready to rule in his favor. She withdrew her motion.

Now she has an attorney and is threatening to keep his daughter from him unless he agrees to her new, reduced, parenting time plan.
That is it.

So, having anticipated that the judge in charge of her case would reject her arguments to reduce parenting time, she dismissed her motion and wants to take the law into her own hands? Then she can count on looking like a fool when dad takes her back to court on a "show cause" motion.

Quote:

---

Quoting Mr. Knowitall

---

So, having anticipated that the judge in charge of her case would reject her arguments to reduce parenting time, she dismissed her motion and wants to take the law into her own hands? Then she can count on looking like a fool when dad takes her back to court on a "show cause" motion.

---

I agree, but I still think that there has to be a piece of the puzzle missing, because the OP stated that the attorney put that in writing to them. I suppose its possible for an attorney to do something that stupid, but I think it would be pretty rare.

There is nothing missing. He pays his child support on time, and then some. Takes her to church every weekend, to family events. Provides her with a loving home. Birth mom is mad because daughter is happy with us. This has been going on for a while, and she found an attorney willing to threaten as much as she does.

Quote:

---

Quoting StepMom1985

---

We have it in writing in a letter from the attorney directly. Stating he advises her to keep his daughter away from his parenting time.

---

Who was the letter addressed to and how did you get it? Can you quote the text that says what you say it says without personal identification?