Legal Question in Family Law in New Jersey
child visitation rights
#1: my daughter is 28 years old. The father of her 5 year old son is about $20,000 in arrears in child support. They are not married.
#2: There is an outstanding warrant for his arrest in NJ due to non-compliance in child support. He just recently, however, sent the probation department a check for $200, which was forwarded to my daughter.
#3: The father has had no contact with his son since he has been born. The father lives out-of-state, and has always been very unstable emotionally.
#4: My daughter just got a letter from the NJ court yesterday saying that a hearing has been scheduled to determine reasonable visitation rights for the father.
My qestions are as follows:
A: given the circumstances, is it likely the court will grant him visitation?
B: is it possible that his parental rights can be terminated?
C; if the court DOES grant visitation, can it be stipulated that the visits are supervised?
My daughter has little money, but is a hard working, dedicated mother. The father's parents are well off, and can afford good legal council. What do you suggest??
1 Answer from Attorneys
Re: child visitation rights
The father has been irresponsible and absent. Despite this fact the court will not deny him visitation. Normally, an absent parent is only gradually reintroduced to his child and visitation in the beginning is very limited, perhaps a few hours twice a week in the beginning.
There is the question of the father's fitness to have visitation which must be answered.
The father will be required to make a substantial payment on the child support as a condition of his warrant being lifted, normally.
Parental rights are not normally terminated except where another wants to adopt the child because the terination of parental rights also terminates parental responsibilities.
In the beginning visitation will probably be supervised as the child is reintroduced to the father.
Sometimes the court orders that one party pay the other party's attorney fees or a substantial part of same.
Your daughter needs the services of an attorney. I do not know how large a legal fee you are anticipating. You might call me to discuss the legal fee and the case. I do not know where in New Jersey the hearing will be held; that is an important consideration in discussing the legal fee.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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