Legal Question in Family Law in New Jersey

Is Spouse Entitled to Another Visitation Night?

My wife has been living with her boyfriend for one year. I have sole custody of our son who is 7. The court's original order was for my wife to have visitation rights every Saturday from 10:00am-7:00pm. We went to mediation where I agreed to give her every Wednesday from 4:00pm-8:00pm. My son came home last night and handed me a note from his mother asking for an additional night with him because, as she stated ''He wants to be with me on another night.'' When I asked him, my son denied asking her for another night. He said me that when she picked him up last night she told him that she wanted more nights with him. Isn't it my decision not to grant her every wish? Plus, my son does not want to be with her for an additional night of visitation, He complains about going with her and her boyfriend for the twice a week that he's involved in now. Do I have to allow her another night? She didn't care about my son when she flew out of our house a year ago and left him with me.


Asked on 2/05/04, 9:11 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Is Spouse Entitled to Another Visitation Night?

You are not required to give the additional visitation time. Your wife can apply to a judge for more visitation time and your son's resistance to same will count for something although his resistance to more visitation will not have the same weight as it might were he seven or eight years older.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 2/05/04, 9:25 am


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