Legal Question in Family Law in New Jersey

Re: Can Father File for Visitation/Custody in NJ?

I don't think you are asking whether these things "can" happen. Obviously, they can. They already have. What you are really asking is whether there will be any success or whether there is a likelihood of a Judge granting some relief to Dad or Grandma.

First, keep in mind that all decisions are made "in the best interest of the child". In light of the long history of visits between the child and Grandma, if she were to file her own visitation application, it would not surprise me if a judge granted some reasonable visitation rights. Of course if you can establish some danger there (you referred to some unspecified events), it may not play out that way.

As to the Dad, he would have to establish what his history was of visitation with the child and what he proposes it will be now.

As to your specific questions, he can lie because he has the physical ability to do so. It will be your burden to establish that he is lying. And he should be filing in NJ, in the county where the child lives, because that is the proper place to file. As to custody vs. visitation, you have already established that you have primary physical custody and perhaps sole legal custody, even without a Court Order, based on the facts and circumstances that have occurred over the last 4 years. Now, it will be the job of the Court to sort through all of this, based on the facts and evidence that he or she will review, and determine what will occur in the future.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Re: Can Father File for Visitation/Custody in NJ?

Can he? Yes. I don't suggest going up against an attorney by yourself. Call me at 732/247/3340 to discuss.

Re: Can Father File for Visitation/Custody in NJ?

As far as the residence, many out of state parents have vists or parenting time with their child. If he is truly out of state, then you would want some conditions placed upon his parenting time.

Custody is different from parenting time. Custody can be divided up into two parts, legal custody and physical custody (parenting time). Legal custody means that the parent has the ability to make the major decisions about the child's health, education, safety and welfare. Physical custody refers to which parent the child lives with.

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.