Legal Question in Family Law in New Jersey
mother trying to limit father's visitation
my boyfriend has 2 small children with his ex-girlfriend. after much disagreement, they finally came to a custody conclusion about 6 months ago that includes the mother has them ( ages 2 and 4) from sunday at 4pm till friday at 3pm when he picks them up from daycare. she has moved 5 times in one year, including a stay at a woman's shelter when there is NO history of domestic or any other type of violence.she has chosen to move 80 miles from the father. he went on active duty with the air force reserves out of state and she motioned for when he wasn't here to have the order changed. thankfully, the court denied. now she refiled again, this time less then a month from when he returned from duty stating he ''violated the order'' by giving the children to her for a special weekend she requested. my question is, how much of a chance does he have that the court will take the children. she feels that he cannot spend enough time with them because he works and has his obligations to the reserves one weekend a month. is she able to do that? can a parent be punished for working to support children he only sees from friday at 3, drives 2 hours home then gives them back at 4pm on sunday?
2 Answers from Attorneys
Re: mother trying to limit father's visitation
The Court wants the children to have the benefit of two parents and will not punish him because on some weekends he has to work, but her motion must be opposed so that it is not granted by default.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: mother trying to limit father's visitation
The Court will not "punish" him; however, if he cannot see his kids at certain times because of job requirements, or for any other reasonable reason, from a practical standpoint, his parenting time may be limited. On the other hand, if the mother is homeless and does not have reasonable living arrangements, even with the receipt of child support, perhaps Dad can offer the Court a reasonable alternative for the primary location where the children will be living, at the time that he responds to the Motion.
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 an 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
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