Legal Question in Family Law in New Jersey
custody agreement
In January 2006,my girlfriend and I went to family court for custody of our daughter. (i inititated the case). In the docs it is states that the defendant (girlfriend) has the ''right to a probation account without prejudice'' at this time. What does this mean? The prior Oct 2005 my gf and I had a huge fight and I was very upset ( non violent) and during the fight ssaid I would kill myself.( which was not my intention). she called police on me, had me taken to a hosp. where I was later released- findings were that I was very emotional and no ''follow'' up care was recommended. I gave my gf the primary care parenting posotion, and I have 2 overnights, and 2 dinner eves with my daughter per week. It is now after 9 months, that m gf wants to ''cut'' down my dinner eves. In addition,my daughter- 3 1/2 yrs old NEVER wants to go back to Mommy and it becomes an issue every time I return her.( there have been various witnesses- non family who see this at times). My concern and future plan is to try and modify our agreement to have more time with my daughter. Would this statement prohibit me from pursuing a change in custody in the future? what would you suggest?
thank you,
rellis
2 Answers from Attorneys
Re: custody agreement
That is an odd phrasing and I've never seen anything like it. I'm guessing that the Judge is saying that she has the right and ask the court to set up child support payments through probation. So instead of paying her, you make your payments through probation. Thus, this does not impact anything regarding custody.
I would suggest meeting with an attorney. I would bet that your child support was done wrong because when you go without an attorney, the child support seem to be always wrong. In addition, you could probably get more visitation. 2 over nights and 2 evenings is ok, but is far from ideal if you want to see her more. I'd also like to know how the holidays are divided and if you have any vacation weeks.
My initial consultations are always free, so you have nothing to lose by getting an opinion and a quote on how much it would cost you. Call me at 732/247/3340 and we'll discuss your situation.
Good luck!
Re: custody agreement
50/50 visitation/custody is what the Court encourages. You can attain thi goal.
If you are saying your daughter is being abused by the mother in some way that is entirely another matter regarding her seeing the child with supervision only.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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