Legal Question in Family Law in New Jersey

father rights

my son signed agreement that upon filing for a divorce(he has not file yet)he will give full and undisputed custody of his two children age 7 and 8 to his wife.he is now worried that wll mean he has no legal rights to them and his wife could disappear with them. the courts said cause there is no money or property involved he can do papers himself.if he was to write in them that at no time does he give up his rights to his children,will that be enough to stop her from disappearing? the agrement has two witnesses and can not be void.it also contains vistation times


Asked on 4/10/00, 9:36 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: father rights

Your son has placed himself in great jeopardy of creating huge problems for himself. What he is attempting is to adjust legal rights and obligations between himself and his wife without knowing what those rights and obligations are and without contract drafting ability. He needs to immediately seek the advice of counsel. If he wants me to assist him, he can call me at 856-546-8010; if he mentions LawGuru, his first consultation will be free. Good luck! Rob Gleaner

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Answered on 4/24/00, 9:09 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: father rights

If he had no legal representation when he signed the agreement, it probably can be overturned. In any event he would not give up his right to visitation. Any divorce or court action automaticaly gives the court jurisdiction over the children so they cannot legaglly be removed from the state without his written permission or a court order. Your son needs legal advice befor they get to court. If you mention Law Guru, the first consultation is free. Good luck.

Bernard J. Berkowitz

973-808-2003

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Answered on 4/26/00, 5:57 pm


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