Legal Question in Family Law in New Jersey
Want more parenting time and I am refused.
I live in Essex County and my divorce is final and now I am looking to spend more time with my daughter (as I have been seeking since beginning of battle). The MOU states that it will change over time and the final order states return to mediation before returning to court. My ex wife refuses me a couple extra hours here and there. I would like overnight parenting time, but my ex will refuse (as she has already done so), and will also refuse to return to mediation. I would like to settle this matter out of court, but my success will be slim to none. I feel it's in my daughter's best interest to spend equal time with both of her parents. She is going to be 2 years of age in August and she is old enough for over-nights. How should I pursue this against the Male-Bias NJ court system?
3 Answers from Attorneys
Re: Want more parenting time and I am refused.
Sounds like you already know the answer as you are aware of the male bias. Its real simple, get a good attorney and fight it as hard as you can. You've got a big hurdle to overcome. My consultations are always free, call me at 732/247/3340 and I'll be glad to discuss the best course of action with you
Re: Want more parenting time and I am refused.
Visitation is always a difficult issue. Getting overnights for a 2yr old is far less difficult than some other things that men try to get, like getting full custody of the child. The judge is required to decide what is best for the child, that is what 'is in the child's best interests'.
Increasing visitation involves looking at what visitation you have now, what your situation is, what kind of care you will be able to give the child, and whatever other factors affect the judge's evaluation of what is 'best for the child'. How you present all of this is going to be crucial to winning this fight.
I would need to see all of the documents involved, and find out a great deal more about you and your ex, before I could give you any advice as to how to pursue this. Have you or she been evaluated by a court psychologist yet?
It seems likely that you will have to fight her pretty hard. You need a decent divorce attorney to assist you.
You can click on the link next to my name, below, and I would be happy to talk to you about this.
Re: Want more parenting time and I am refused.
You will have to take your former spouse back to Court, requesting an Order granting you more visitation time.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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