Legal Question in Family Law in New Jersey

Unmarried fathers

My girlfriend and I are not married. We do have an infant child. I was supporting them both when we lived together but she moved out a few days ago. She has since said that I cannot see my child since I am not supporting them anymore. Can she prevent me from my child if I don't give her money? I am not refusing to pay support but we do not have a set figure and I will not give her the amount she is demanding. She is staying with her parents and said if I come by to see my child she will call the police. There is no abuse in this relationship.


Asked on 10/23/06, 2:10 pm

4 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Unmarried fathers

These situations are always sticky. First, paying child support has nothing to do with visitation, now called parenting time. They are exclusive of each other. You are entitled to see the baby. If she will not let you, then your best course of action is to file a motion with the Court and obtain a court order. I have handled many of these cases.

Next, child support is governed by child support guidelines in New Jersey. It is dependent upon the parties incomes, and some other factors.

If you provide additional details, I would be happy to follow up with you. Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of 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.

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Answered on 10/23/06, 2:21 pm
Robert Davies The Davies Law Firm, P.A.

Re: Unmarried fathers

You sound like the same guy whose brother wrote this morning. Here is my reply to that person:

My brother and his girlfriend split up recently but they are parents to a 4 month old. She is refusing visitation to him and our family. I realize we may not have legal rights to see her but what are his? Can she prevent him from seeing his child? He is supporting them both financially.

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Category: Family Law, Divorce, Child Custody and Adoption

Location: NJ

Subject: Re: Unmarried Fathers visitation/custody rights

Situations like this are too, too common. The baby is small and does not know what is going on; it is important for the mother and your brother to set up something that will be best for the child. Every kid deserves to have a mom and a dad in their life.

She is dead wrong. Unless there is a really serious threat to the baby's safety, your brother gets to see his son. You may need to go to court to enforce this right. A short and sharp letter from an attorney may get her straightened out.

This kind of thing happens more often with very young parents. It may take a little work to set up a pattern of visitation and parenting that will make sense. Get a decent divorce lawyer (this is a divorce type issue) to advise your brother. Good luck to 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.

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Answered on 10/23/06, 2:29 pm
Gary Moore Gary Moore Attorney At Law

Re: Unmarried fathers

You have to file a complaint for custody/visitation with the Family Part of the Superior Court of New Jersey to obtain an order setting a visitation schedule and setting child support in accordance with the guidelines for same.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/23/06, 2:53 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Unmarried fathers

I'm sure the other attorneys have already answered this question in depth, but I would file for visitation and/or custody, after which child support will be set. While I don't see what the police would do to you, I would not bother with that as you don't need that hassle. Just file a motion with the court.

This is something many people have done on their own. However, your results without an attorney may be mixed. I suggest at least consulting with some to decide if you need one. My consultations are always free. Feel free to call me at 732/247/3340 and we can discuss your case.

Good luck!

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Answered on 10/23/06, 4:37 pm


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