Legal Question in Family Law in New Jersey

We have residential custody of my step daughter. She is 16 years old.

She sees her mother every other weekend for visitation but no longer wants to go. Her mom is verbally abusive to her and spends no time with her.

We just received court papers that her mother is moving an hour to an hour and a half away from us.

Do we have to drive one way still since she is only about 20 minutes from us now and that is double.


Asked on 4/27/10, 10:35 am

4 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Your husband needs to speak with his ex to find out what her intent is with regard to continued visitation and how it will work out. If they come to an Agreement, a Consent Order should be prepared and sent to the Court for the signature of a Judge, to make it binding. If they cannot come to an agreement, your husband should file a Motion for a change in the parenting time schedule based on what he believes is in the best interest of his daughter. Officially, you should stay in the background. I am sure you will be there for your husband, as you should. But let him take the actions that are necessary.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Good Luck! Rob Gleaner

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Answered on 5/02/10, 11:05 am
Robert Davies The Davies Law Firm, P.A.

I understand what the other lawyer has said.

I have to tell you: you really could use the help of an experienced divorce attorney.

Your child does not have to suffer the screaming that you describe.If your ex does not listen to your child telling her to stop, then maybe a Judge can tell her. Or maybe your daughter can be freed from going to see her abusive mother.

On the moving issue, again, if she is not reasonable, then you can get a Judge to tell her what is reasonable.

I do this work for a living. I would be happy to see if I can assist you. Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

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Answered on 5/03/10, 9:12 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I need more info about these court papers. Call me at 732/773/2768 to discuss.

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Answered on 5/03/10, 1:25 pm
Amy Klauber Klauber & Klauber, LLP

Maybe. It is difficult to answer your question without more information.

Your stepdaughter is at an age where the court may take her wishes into consideration if she truly no longer wants to see her mother. I do not encourage ceasing contact as I believe that a child needs both parents in their lives. Having said that, she may need to advise the court of the verbal abuse she goes through upon visitation.

As far as the drive each way, I don't understand what court papers you recieved. Is she planning on moving out of state?

Please contact my office to discuss these matters and schedule an appointment. Mention law Guru and I will waive the consultation fee. My telephone number is 732-663-1500.

I look forward to speaking with you.

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


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