Legal Question in Family Law in New Jersey

My son and his wife separated 3 weeks ago. They have a 1 1/2 yr. old daughter. Their custody hearing is in 2 weeks. My son was a stay at home dad for 1 year while she worked. She only allows my son to visit his daughter while she is there at all times. If he wants to take her outside, shopping, etc. the wife will only allow him to do this if she is with them. He would love to spend the day with his daughter...but cannot. His heart is broken and I am very concerned for his well being. Can she do this?

Asked on 10/02/10, 6:48 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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She can do it because she currently has the physical ability to do so. Hopefully, he will be able to convey this situation properly to the Judge at the custody hearing and therefore obtain a Court Order that will provide him with reasonable parenting time without his wife's supervision.

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. No one can rely on this advice because no personal meeting has taken place and I have not been retained as an attorney in this matter. If he has not already done so, you should have your son immediately meet with a Family Law attorney for a full consultation before he takes any further steps. He may feel free to call me at 856-546-8010 to discuss this matter in more detail. If he does so, tell him to mention Law Guru and his first one hour of time will be free. Good luck! Rob Gleaner

Answered on 10/07/10, 7:12 pm

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