Legal Question in Family Law in New Jersey
Can he do this?
My sons father moved out of state to be with his new girlfriend. He had a visitation order, which he never complied with. Now that he's out of state he wants our 6 yr.old son for all holidays and summer vacation. Original order says he gets him Fri. to Sun. and the day after holidays. I've put in counterclaim to keep the order in its entirety in NJ. How likely will a judge be to keep the order as is? He never got him when he lived in NJ and now that he's miles away he wants a 6 yr. old to come all that way for father who didn't visit him when he lived in the same state. Thanks for any help.
1 Answer from Attorneys
Re: Can he do this?
Normally, whatever that is, the out of state parent has the child one month in the Summer and at least one other extended stay during one other holiday such as during Christmas or during the Spring break.
A parent who has not visited with a child for long periods of time has to be reintroduced to the child during much shorter periods which are then expanded to the longer stays from home. At least initially I would expect that the father would be required to have his visitation in New Jersey.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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