Legal Question in Family Law in New Jersey

Re: Father's legal rights

The mother has the right to try to control with whom her child associates if there is a person who may negatively effect her child. It is a matter of what went on in the "fight" and how often there are such fights.

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Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Father's legal rights

I understand that you, the mother, are very concerned because the father is fighting with his girlfriend, and this might hurt the son. The mother wants to keep the son away from the father when this woman is around.

That makes some sense. The mother certainly has a right to protect her child from harm. The father will argue that there is no harm to the son, and will resist.

Every situation is different, and no attorney can predict what the Court would order.

If this were to go in front of a Judge, the Judge would try to decide what is in the child's best interests. Again, it will depend on the exact facts; no one can predict exactly what the Judge would do.

An attorney would certainly help. It would make sense to keep the child safe from the nonsense going on between the father and his girlfriend. It would also make sense to set out in writing and put into a Court Order what the mother and father have agreed to, son lives with mother, amount of child support of $xx dollars, visitation with father on xx days (set out dates and times), and also conditions like girlfriend not to be present when son is with him.

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You can then decide how you would like to proceed.

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Re: Father's legal rights

Because there is no court order, no one really has the right to anything in a sense. There is nothing to really enforce. Its time to go to court and work this out. I would strongly suggest you call an attorney first before you do anything.

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