Legal Question in Family Law in New Jersey
Chooses not to visit
My ex fought me tooth and nail for custody of our now 7 year old son when he kicked us out of our home.He was granted visitation every other weekend and half the summer. He was also granted phone calls twice a week. It has been over four years since he has last seen him and my son does not even remember what his father looks like. I'd show him a picture ut I was not allowed to get any of our belongings when we were kicked out. On occasion he will call but that is a rarity. He also cannot even keep up the $24 dollar a week in child support. I realize I cannot force him to visit or even send a birthday card for our son but since this man doesnt seem interested in being a father why should he have the rights of a father? He swore up and down in court all he wanted was to see his son but over four years later he has not asked if our son needed anything much less shown up at the pickup point. Child support also needs to be modified, the $24 a week was set when he was two years old and he is seven years old now. Is there a law that after a certain length of time he loses his parental rights? and if so, how can I prevent that?
What are our rights in this situation?
1 Answer from Attorneys
Re: Chooses not to visit
$24 a month? I can't imagine how you could get it that low. That is crazy.
Your best bet is to file a motion to suspend his visitation pending his motion to reinstate same and then you should have reunification therapy.
You may want to speak with an attorney before you do anything. I'm not sure you really need one here, but you should talk to one first and then decide if its worth to hire one depending on the cost, your circumstances, etc.
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