Legal Question in Family Law in New Jersey
visitation compliance question, PLEASE help.
A visitation schedule is in place in a
civil agreement that both my son--
name removed--
dad and I signed in 1/2007. It is the
standard weekday evening and every
other weekend. My question is:
what can I do to have dad follow the
visitation schedule? Dad
CONTINUALLY doesn't show up,
gives excuses as to why he didn't
come pick-up, asked for earlier or
later p-ups and d-offs, or flat out
cancels his weekends, etc. He does
this in an attempt to hurt and
inconvenience me. He makes
statements like ''you are the one
that wanted custodial custody, now
deal with it and leave me alone.''
Dad decides if and when he chooses
to follow the terms of the civil
agreement. It is VERY unfair to our
son who is almost 3 years old. It
confuses him. There is no stability or
regularity in his parenting time with
his dad. His dad hates me, so he
plays games with his visitation in an
attempt to ''punish'' me. What can I
do? What are the rules? Is dad
required to give me reasonable
advanced notice? How long do I
have to wait when he doesn't show
for pick-up before I can make
alternate plans to do something else
with my son? Suggestions are
greatly appreciated.
3 Answers from Attorneys
Re: visitation compliance question, PLEASE help.
He has to give reasonable notice of a cancellation and have a good reason for same. If he does not follow the visitation schedule then he is not entitled to some other times or days in lieu of what the schedule requires. It is neither fair to you or to the child.
If dad persists in refusing to follow the schedule
a motion should be filed with the Court either tocompel him to follow the schedule or be denied visitation.
Call me if you like.
Gary Moore,Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: visitation compliance question, PLEASE help.
You need to take this back to court. I have an office in Toms River and would be more than happy to discuss this matter with you. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: visitation compliance question, PLEASE help.
You really need to go to court to make the agreement easier to enforce when dad does not comply. I would not recommend that you self help, or take matters into your own hands. You have to document the issues and then let the court deal with the bully, with your input.
I would be happy to follow up with you. Please email me directly or 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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