Legal Question in Family Law in New Jersey
Custody
My ex-fiance and I have a son. We both declared paternity to be mine. She is keeping me from having my son for parenting time. He is 2 mos old. Do I have any rights to see my son? No custody order is in place. Can she keep my son from me?
4 Answers from Attorneys
Re: Custody
No she can't keep him from you, but you need a court to help you out. Do you want custody or just visitation? Keep in mind that if you do not get custody and just visitation, you will have to pay child support. This shouldn't be a very expensive situation. Please call my office at 732/247/3340 and we will discuss your case and your options in more detail.
Re: Custody
Please call my office to discuss your rights in more detail. 609/601/2360
Re: Custody
The short answer is that you, the father, have an equal right and duty to raise and support (pay for) your child. That is the basic principle.
Then, it gets complicated. You may have to go to Court to enforce your rights. If the Court finds that you are indeed the father, then you will be entitled to participate in raising the child. YOu will also be liable to support the child, that is pay child support.
All of this changes if you have custody of the child, all of this changes if...well, there are a lot of things that might change what happens. Your situation is very, very common. And child support is a very common situation.
Your zip code puts you in South Jersey. Too far away for me to assist you, I think. You need to find an attorney who is experienced and knowledgeable in divorce law (this falls into the divorce law area). You may want a flat fee consultation to get a clear explanation of your rights before you start paying a lawyer to fight for visitation. You may get her to be reasonable with just a tough letter from an attorney.
Good luck to you. If you would like, give me a call to set up an appointment; I am in northern New Jersey. I will do what I can to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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.
Re: Custody
Hi,
I have read some of the other responses as I have beeen in Court. I agree, she cannot keep you away from the child. There are several issues here based on your question: custody, parenting time and child support.
First, custody has nothing to do with paying child support or really how often you see the child. Custody (and today custody is usually shared depending on the circumstances) deals with the ability to make the major decisions regarding the child (i.e religion, medical, schools, etc.). Parenting time is how often you get to spend with your child. The Court will ususally designate a PPR and PAR. The PAR will usually pay child support to the PPR.
If the mother will not let you have parenting time, you need to find an attorney who can help you. I am near your zip code, and would suggest you call my office to schedule an appointment.
My contact information can be obtained from the links below. I will give you a free initial consultation.
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.