Legal Question in Family Law in New Jersey
Dont know what to do anymore..
It feels as if I've had a never ending
dilemma with my son's father. When
our son was born he did not sign his
birth certificate. He filed a court order
for a paternity test and it proved he
was the father. He did not bring proof
of income so the judge ordered him
to $232 a wk.He has only made 1
partial payment.They granted him
supervised visits in my house
Sun(12-4pm)&Mon(5-7pm). He
verbally harrassed me everytime he
was in my house. I filed a restraining
order.The judge granted me the
restraining order since he arrived late
for the hearing.His excuse was that
his truck broke down. He has now
filed a counter claim requesting visits
Sun(9am-8pm) & Mon(9-5pm),for
our son to have his last name,for his
name 2b on the birth certificate,
&joint legal custody. Our son is 4mo
old, what are the chances of the
judge granting all this to him? I also
already have a date set for his
baptism in 2wks(before our court
date).He stated on the order he
wanted to choose a godfather. Since
I have full custody would I be able to
continue w/his baptism?
1 Answer from Attorneys
Re: Dont know what to do anymore..
These are all important issues and the only thing you can do, absent agreement between yourself and your baby's father, is to continue to resolve these issues in Court. It really does not matter "what the chances" are. What matters is that you are prepared to tell the Judge what you want done and give good reasons why it should be done that way.
Unfortunately for you, since he is the father, he will have input into some of these decisions. The fact that you have "full custody" does not mean that he has no input at all. He will be granted reasonable requests. On the other hand, you are not required to put up with him being unreasonable and you certainly should not put up with any acts of domestic violence, to you or your child.
Based on what you have said here, be ready to go back to Court each and every time he does not act in accordance with an existing Court Order or if he violates the law or endangers you or the child. You need to be personally vigilant and, if necessary, you need to work with an attorney for your own protection and the protection of the child.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. Good luck! Rob Gleaner
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