Legal Question in Family Law in New Jersey
Rights of a father
My Friend has a 11 year old son who lives with his mother, but my friend has visitation rights. The mother remarried and my friend found out that her new husband is in jail for drug possession and for not paying spousal and child support. The mother takes my friend's son to visit this man in jail. My friend feels that is not a good enviroment for a child to live in. What are my friend's rights as the biological father?
2 Answers from Attorneys
Re: Rights of a father
He has the absolute right to object to this and if the mother continues, he can bring a Motion before the Court to compel her to discontinue.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that your friend has not retained an attorney, you may want to have him contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will he be able to rely on the advice. If your friend calls me, tell him to mention Law Guru and his first one hour consultation will be free. Good luck! Rob Gleaner
Re: Rights of a father
Your friend can seek an Order from the
Court prohibiting jail visits and contact with this man and, ultimately, he can seek custody.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com