Child Custody, Visitation & Relocation

Mother, As Parent Of Primary Residence Of Minor Child, Has The Right To Make Any And All Decisions As To Son’s Tutoring

In the New Jersey family case of Weiss v. Weiss, 20-2-5591, App. Div., the defendant, Eric Weiss appealed from aspects of two post-judgment orders entered by the Family Part in favor of his ex-wife, plaintiff Deborah Ann Weiss. Specifically, defendant appealed from the provisions of those orders denying his motions to require their son to attend tutoring at Sylvan Learning Center and ordering instead that: plaintiff as parent of primary residence shall make any and all final decisions as to the boy’s tutoring; have the boy attend summer school; set aside the parties’ property settlement agreement; and have the court recuse itself.  He also appealed from an award to plaintiff of $4,500 in counsel fees. In the five years following their divorce, the trial court heard over 52 motions and orders to show cause. Here, the court affirmed the orders under review and mother, as parent of the primary residence of minor child, has the right to make any and all final decisions as to the minor son’s tutoring.

Reference: Case & Analysis, New Jersey Law Journal, 219 N.J.L.J. 327 (February 2, 2015)

Filed Under: Child Support; Child Custody

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