Legal Question in Family Law in New Jersey

Out of state dad that does not know what to do

Hi- back in October of 1996 my ex-wife took me to court w/o my knowledge ( I was living in another state). This was for a divorce and custody of our child. She was granted sole legal and physical custody of my daughter. I live in CA and would like to see my daughterl. I try to contact my ex for that purpose to no avail. I have also been disabled for the past 6 years ( 1995). Since I've been receiving disability she has received about $ 22, 000 dollars from SS. I am remarried and would like my daughter to know my family. It is really hard to know where to start from all the way over here. ( She is in NJ ). If you can help me on giving me advice on parental rights, child support, and any rights I have to my daughter,please let me know. Thank you


Asked on 2/21/01, 1:09 am

2 Answers from Attorneys
Beverly Muller Beverly Sharps Muller, Esquire

Re: Out of state dad that does not know what to do

hi -if you want visitation with your daughter, first check the final judgment of divorce to see if there are terms spelled out for it. if not, then you will probably have to file a notice of motion in the county superior court where your ex-wife and daughter live in order to have your rights specified. as far as child support, you are obligated to support your daughter. again, the court may have set a support amount in your divorce papers. (...the social security amount that you mentioned.) most family courts have a pro se motion packet which you can fill out on your own, without a lawyer, to get the relief that you are seeking. if not, feel free to call me at 609 263-0089 in case you have further questions. good luck !

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Answered on 4/05/01, 8:49 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: Out of state dad that does not know what to do

I would like to know if the divorce case was filed in the State of CA or NJ. If the case is in NJ then you should contact an attorney that practices law in that State. I would have to obain a copy of the court file to advise you properly, however based on the provided information, if in CA then you will need to file a motion with court for custody/visiation and serve the mother. You will need to find current address of the mother (may be through a skip search) for service of your motion.

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Answered on 4/04/01, 5:44 pm


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