Legal Question in Family Law in New Jersey

Noncompliance for visitation

My husband has an order from Family Court in NJ that was put forth by his daughter's mother a few years ago. We have moved 2 1/2 hours away and have complied with order. Daughter (13) now calls the shots and decides when she does and does not want to come to visit (which my husband has complied with her wishes). Today, she phoned and left a message that she would not be coming for this weekend's visitation because she had to study for finals. This, is fine. The problem we have is that she made the call from her therapist's office. Can a Therapist get involved in visitation issues, allowing the child to call and cancel visitation from her office? Mind you, my husband has JOINT custody and recently mother has decided to alter summer visitation (to accommodate child's wishes to go to camp) and has put the child on a anti-depressant (without prior knowledge to father..it was an ''after the fact'' letter he received). Can we take mother to court WITHOUT a lawyer to change visitation (no more weekends....we'll take all summer), further, how does the therapist play into this? I thank you for your time.


Asked on 5/29/03, 9:33 pm

3 Answers from Attorneys

Stanley Wayne Wayne & Wayne Law Office

Re: Noncompliance for visitation

go to court in New Jersey and ask for forms

to petition to enforce the order for visitation

the court clerk will help you but you will have to go to court and assert your parental right to visitation as father and to ask that the mother be held in contempt of court -- you may have to threaten to ask the court to decare her a juvenile delinquent -- but the clerk will guide you

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Answered on 5/29/03, 10:07 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Noncompliance for visitation

Child custody is always very difficult. Your husband seems like a responsible and caring man. Children at age 13 will often 'act out' even without the added strain of divorce.

My questions to you to enable me to answer this question include: did you have prior knowledge that your daughter was getting support from a therapist. Did you learn of the seratonin-uptake medication (prozac) before the prescription.

Before availing yourself of legal aid, a family-therapy process might help sharpen many of the issues to enable your legal counsel to better identify and focus on the important issues.

You are welcome to a consultation at my offices at no fee at 42 West 44th St, NY,NY. Please call for an appointment first - 646-591-5786.

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Answered on 5/29/03, 10:20 pm
Seth Kaufman Seth M. Kaufman

Re: Noncompliance for visitation

Please consult NJ counsel experienced in family law as soon as possible.

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Answered on 5/29/03, 11:10 pm


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