Legal Question in Family Law in New Jersey
Revoking Visitation
My ex and i have been divorced for 7 years. I have an order of protection against him for domestic violence. He was just released from prison 11/16/08 for violation of probation and breaking into my home.
My children are supposed to have sunday visits but have not seen him in 5 yrs. due 2 prison n a heroin addiction.
Recently, by phone my ex told my 13 yr old that he was going to start using because she doesn't want to see him and that he might commit suicide. The judge here is always siding with the man. I want to make sure visitation is revoked and this judge already hates me. How can I word it to make her understand that he is unstable and living in a household with other addicts?
2 Answers from Attorneys
Re: Revoking Visitation
This talk of suicide is scary. Call the police and tell them of what he told your child. I believe that telling your child what he told him is a violation of the restraining order.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Revoking Visitation
In addition to what Gary said, you have to file a Motion for a review of the visitation terms, and you definitely need a lawyer since you and the Judge assigned to your case seem to have had conflicts. Often, a lay person doesn't know how to properly explain their concerns and judges misinterpret their positions. Its not always what you say. but how you say it.
Consult with a lawyer as soon as possible.
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