Legal Question in Family Law in New Jersey
After 4 years
After 4 years, my daughter's father has finally filed for visitation, stating that we are basically not in agreement with the guidelines I have set in order for any visitation to be acceptable, outside of court. My only rule was that for the first many visits, I be present. My daughter considers my fiancee to be her father, and her biological father has for the past year been living with a girlfriend and her baby. I feel it would be detrimental to her well-being to introduce her to this ''family'' without Mommy being there to let her know it is OK, and to make sure she is comfortable. So now we must take it to court. I'm very wary of him being in her life (unstable drug past, gun charges in her presence at a visitation 3 years ago, and a blatant lack of concern for ''his'' child). I need to know what further guidelines I can ask the judge to set on this order. If it were up to me, he wouldn't be allowed to see her at all, unfortunately NJ laws are bogus. Just a few weeks ago he wanted to terminate his rights, now he wants to play daddy of the year, and I am afraid I will have to accept that she will just be able to go into this situation alone. Please help. She's all I got, and I don't want her hurt. This won't be good for her.
4 Answers from Attorneys
Re: After 4 years
this will be a bit of a fight, to put it mildly. you should hire a lawyer and take action.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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Re: After 4 years
Sounds like you need a good attorney. It shouldn't be very expensive for you either as this is fairly routine. You need to gather as much info about his past as possible and present it to the judge along with all the other facts you mentioned. You are looking for supervised visitation. Based upon all of those facts, it is the most he should get if any. I would need to know more to give you a better answer.
Feel free to call me at 732/247/3340, my initial consultations are always free.
Good luck!
Re: After 4 years
Your concerns seem to be valid. You should attempt to verify his criminal
history and drug use. You advise the judge fully of your concerns and tell him exactly how you feel about any visitation at all.
I do not mean to cause trouble but if you and your fiancee were actually married you could file a petition with the Court to have your child adopted by your fiancee, terminating the father's parental rights based on his long term failure to live up to his parental responsibilities.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: After 4 years
How did he file? Did he go to Court? If so, make sure you respond in writing, and in a timely fashion. Present all the facts, including any documentation of his charges (copies of the charges, convictions, etc.) The standard is what is in the best interest of the child, and if you show the judge all the facts, the Judge will more than likely set very strict guidelines for his visitation. I would suggest you ask for supervised visitation, if not with you, then with a responsible party, and set him up to fail. I doubt he will change his past behavior.
Also, make sure it is not overnight. Like one night a week for dinner, 5-8pm for 2 months before it is increased, and then ask the court to monitor the progress. Keep a log.
Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.