Legal Question in Family Law in New Jersey

father's new girlfriend calling on phone

I moved to Florida last year with my now 6 year old son with courts permission. his dad has liberal phone contact. During his summer visit, his dad met a girl and ''fell in love'' in a week. He informed me he no longer wants anything to do with me and he wants our son to become a part of their new family and he is asking for a modification of visitaion. he gets 3 weeks in summer and 2 others. They told my 6 year old that she was HIS own girlfriend and played up on this for the 3 weeks she was around him. My son has a crush on her and began to speak violently about his dad. He said such things as ''I want to kill him dead because he was kissing MY girlfriend'' and ''I want to rip his throat out because she is mine, not his.'' She bought my son everything he wanted when he was there. He started acting out towards me the moment I picked him up. His dad insists on putting her on the phone with my son and I do not approve of this. She told him she bought him a new computer for his new room at her house. 6 weeks into their relationship,dad has moved in with her. Do I have to allow her to speak to him on the phone? Can I tell dad not to call from her phone? Can I threaten harrasment if he puts her on the phone?


Asked on 7/26/06, 12:09 pm

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: father's new girlfriend calling on phone

You raise a lot of issues. In order to keep the girfriend from having contact, you are going to have to get an expert that will testify this is harmful to the child, and that might not be enough.

I would suggest you give me a call and I might be able to give you some advice, along with pulling out more information about the situation. However, I would say, if the Court approved your move to Florida, the father will have to show a substantial change in circumstances that are not in your son's best interest to change custody and parenting (visitation) time.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and 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.

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Answered on 7/27/06, 12:18 pm
Robert Davies The Davies Law Firm, P.A.

Re: father's new girlfriend calling on phone

This kind of mess, this kind of damage to your child which you are describing makes me wonder what his father is thinking. It is obvious that what you are describing is bad for the boy.

You could prohibit telephone contact with her, but the boy is going to see her in person, so this may not accomplish much.

What to do about it will take some careful thought. The Court system is not really good at problems like this. However, there are some forceful and appropriate things you can do. If you were to hire me, I would sit down with you, and discuss this in detail. You might want to start with a strong letter to him, follow it up, and then if needed file a motion to change the visitation and prohibit the most damaging parts of his and her behaviour.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy 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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

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Answered on 7/26/06, 1:36 pm


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