Legal Question in Family Law in New Jersey
Sole custody
we have been divorced since January 2004. There is a child who is almost 5. She lives with me, however her father has visitation every other weekend and every wednesday evening. He has never used the wednesday. The Child support payment is supposed to be payed weekly directly to me, at this point, he has not payed a penny since september. And prior to that he had not paid from June-September, and then gave the check for the portion of the ammount owed. He has remarried since and has another child, but when it is my daughters time with him, she does not spend the time with his family, but he rather takes her to his parents, who parent my daughter in the way that makes me a ''bad mom'' in the eyes of a 5 year old. When I call to speak with my daughter, they put the phone on speaker, and when I ask them to take the phone off the speaker, I am being told that I am being recorded and they will do what they want. I feel that I should have the right to privatly speak with my daughter, regardless of where she is.
There are a lot of other issues, but what can I do, a what outcome can I expect? Can I stop giving him the child, since he does not pay the court ordered support? Thank You for any help
4 Answers from Attorneys
Re: Sole custody
Cancelling visitation must be based on something that the father does that has a substantial risk of harm to your child. That is the basis for applying to the Court to change visitation.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Sole custody
I have read what the other attorneys wrote. I mostly agree with it. Clearly, you need to get an attorney and take action. They are not being reasonable. And the money should be paid automatically.
Save up some money, borrow some money, and get a lawyer to fight for you.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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: 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.
Re: Sole custody
First, don't take any "self help". You need to go to court and work all this out. Because you have so many issues, I would suggest getting an attorney. You don't need one just for the child support but it sounds like there's a lot more than that. You can get the child support paid through probation and wage garnishment so you will always get your money. With regard to the other issues, you have to go to court to battle them out.
My initial consultations are always free, so call me at 732/247/3340 and we can discuss your case.
Re: Sole custody
Your issues are so numerous that it would be impossible to give you an answer in an email. You need to find a good Family Law attorney and file a Motion with the Court to resolve all of these issues. The Motion would utilize an Affidavit, setting forth in detail all of the facts that a Court would need to know. Your ex would have the opportunity to respond and ultimately, the Court would decide your matter.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
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