Dave,
I'd suggest that you simply prepare the Consent Order using the existing caption (don't think you can change a caption to add a party that has not formally "entered" the case) and simply have Mom and Dad sign it before filing it.
Then have Grandparents file an FD complaint at the earliest opportunity. Once their complaint is filed, you can prepare the same order. However, the caption will now include the names of Grandparents. Have Mom and Dad sign it again and have grandparents sign it as well. That way, grandparents are now parties and the Order can be enforced by them (and against them).
Happy NY, Dave and thanks for all your contributions to the ListServe!
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Tel (609) 465-9910
Fax (609) 465-9920
Original Message------
Facts: mom has an opiate issue. Dad is unable to take custody as teen child has conflicts with his step-kids.
The parties are in agreement that residential custody should be transferred to mom's parents. Can we do this via a consent order between parents? Would we need to amend the caption to include grandparents or file a separate FD complaint? Or could we do it this way and then, if some other issue arises (where I believe the grandparents would have to be parties to the action to seek enforcement), address that issue at that time? Everyone would like to get this done ASAP.
Thanks
<x-sigsep>
David Perry Davis, Esq.
----------------------------------------------------
www.FamilyLawNJ.pro
----------------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
</x-sigsep>