Legal Question in Family Law in New Jersey

Unmarried parent�fs custody battle

My sister has a 2.5 year old son. She and the father of her son never got married. They split up 1 year ago and she now wants sole custody of the child and to limit the father�fs visitations. The current custody arrangements are that the child is with his father every weekend. However, most weekends the father works, so the child is watched by the father�fs parents and/or sister. On the weekends, the child isn�ft fed right, his diaper isn�ft changed frequently enough, and he isn�ft watched closely enough. As a result the child comes home hungry; with diaper rashes; and bruises. Also, the father lives with his parents and currently has only a part time job. He has been in arrears since the court finalized the amount of child support he should pay and has made no effort to obtain full time employment. Can my sister get sole custody of the child and limit the father�fs visitations?


Asked on 3/11/03, 7:41 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Unmarried parent�fs custody battle

The facts that you have presented to me indicate a strong case for sole custody. On the other hand, the best way to pursue it is with a lawyer, rather than on your own. Your sister needs to seek legal advice immediately. You must keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 3/11/03, 8:38 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: Unmarried parent�fs custody battle

Thank you for your inquiry. Based upon the facts you present, I believe that an application to the Court limiting his parenting time is appropriate.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 3/11/03, 9:16 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Unmarried parent�fs custody battle

Hi,

Under the limited facts presented, the first thing that your sister should do is file an application with the Court to limit parenting time (which is the new court term for visitation).

Custody, however, involves being allowed to make legal decisions regarding the welfare and upbringing of the child and is a separate issue that has to be presented to the court. Limiting or obtaining sole custody is a more complicated and time consuming process. The New Jersey courts do not like to take custody away from a parent, except in certain circumstances.

I would recommend that you have your sister contact a lawyer and receive legal help. I will not charge for an initial consultation. Please feel free to call my office, 856-489-8888. www.burnhamlaw.com.

Good luck.

Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship.

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Answered on 3/11/03, 9:27 am


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