Legal Question in Family Law in New Jersey
can he be granted visitation?
my ex hasnt seen our 2 boys since 4/2002. he recently got married and moved to south carolina. there is a restraining order against him and a court order. he had a drug problem and never provided the adequate proof that he completed a program. his supervised visitation was terminated until he completed the judges orders. i recently received a notice to appear in court. he wants to be granted visitation. will the judge grant him visitation even though he left the state and hasnt seen them in almost 3 years. they are doing so well and seem to have adjusted to life as it is. i fear that they wil be harmed psycologically if he re- enters thier lives after so long. they dont even know that he is re-married and has a 2 yr old step-daughter. i felt that telling them this would hurt them. what can i do to ensure that thier well being and state of mind will remain intact? i also dont trust him taking them so many states away from me.
1 Answer from Attorneys
Re: can he be granted visitation?
Your questions are appropriate. It is not possible to predict what a judge will do. All that you can do is to bring all of your concerns to the attention of the judge in a persuasive and
impressive manner.
It is really a matter of whether the judge believes that the father has made an adequate and effective effort to rehabilitate himself; appears to be sufficiently reliable to allow out of state
visitation and it appears that the children will not be substantially harmed by being required to
relate to their father.
The judge may place some hurdle in the father's path by necessity. He may require supervised visitation in this state initially and then restrict the visitation to this state for a time
afterwards.
These hurdles may test the father's determination and financial resources by requiring a strenuous effort to have visitation initially and considerable financial espense.
Gary Moore, Esquire
Hackensack, New Jersey
899 273 7933
www.garymooreattorneyatlaw.com
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