Legal Question in Family Law in New Jersey

Re: visitation

Thank you for your inquiry.

Although your having sole custody certainly helps your quest to deny his visitation, I must learn more facts in order to make any final conclusions.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

Re: visitation

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, as a general rule, never take it upon yourself to withold visitation without the approval of the Court. Courts base visitation rights on a "best interests of the Child" standard. If your husband was arrested while the child was present, this could sway the Court to decide that visiting the father is not in the child's "best interests." However, if you withold visitation without Court approval, you are violating the Court inposed visitation Order and you could be arrested. If you wish to discuss you matter in greater detail, please do not hesitate to contact me at 908-537-7975.

Re: emergent change in visitation arrangement

While you would technically be in violation of the visitation arrangement, this seems to me to be an emergent situation which would be acceptable to the Court in allowing you to immediately stop the visitation. However, to show your good faith, you should immediately file an application to require an immediate change in the visitation arrangement. It would be best for you to seek legal counsel to do so. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner