Legal Question in Family Law in New Jersey
Visitation
My boyfriend has a 6 year old child whom he has not seen in about 2 years. He and the child's mother were never married, but when they split up, he agreed to give her full custody but he was to be able to see his daughter twice a week. He pays child support weekly and has not missed any payments. Ever since she married and moved to PA from NJ, she has never brought his child to see him. Also, when messages have been left about coming to see his daughter or asking to have her brought for a visit, his ex never returns the calls. Convienently, when he does catch her on the phone, she makes excuses about the travel distance being inconvenient or that he can't come to see his daughter because they will be ''away'' when he wants to arrive. However, her parents only live 10 minutes from our house and she brings his daughter to see her grandparents frequently. Yet, she never lets us know of these visits and we always find out after the fact. Their NJ made agreement says that if she was to move out of state, she should have the agreement changed so that visitation would agreeable to both parties. She has yet to do this. What can he do?
1 Answer from Attorneys
Re: Visitation
He needs to file a Motion to modify the parenting time. This should be filed in the Court that made the original Order. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to 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. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner