Legal Question in Family Law in New Jersey
child custody and mental abuse
I recently had a child with a boy who wanted nothing to do with the child. Now that he is born, however, he says he wants to be in the baby's life 2 days a month and says he doesn't have to pay child support because he gets paid under the table. I don't want him having any rights because he has a criminal backround for his temper and the few times I have let him see the baby he calls him names like fagot and asshole. He says he's allowed to because the baby doesn't understand, but I don't feel safe with him around my child. What can I do and how do I go about fighting this? i'm going to file for custody and child support on Tues., Am I taking the right steps so far? He told me today that he just went and filed for visitation, what does that mean for me? Please help with some good advice, I feel my child well being could be a steak.
2 Answers from Attorneys
Re: child custody and mental abuse
You have quite a problem. The father has a strong entitlement to visit with his child. On the other hand, the
father must not pose a danger to the child by being abusive. Such negative comments DO have an impact on the child on an emotional level. If the father will not control himself and be more nurturing his contact with the child can be greatly curtailed or even denied by a court.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: child custody and mental abuse
You raise substantial issues. The New Jersey Courts do what is in the best interest of the child. I agree with the other answer the father has a right to visit with the child, but that visitation has limits. As to support, a court will not leave without child support. It might be hard to prove what he makes, but a court can impute a reasonable salary to the father.
I would be happy to follow up with you. Please email me directly or 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.
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