Legal Question in Family Law in New Jersey

Visitation

Hi,

I am divorced and have two children 9 and 12 years old. They live with me, but my ex and I have joint custody (even though I am responsible for paying him child support and all of the kids expenses). The current visitation agreement is every Monday and Tuesday, and every other weekend with him. The rest of the time with me.

My kids are requesting to be able to choose when they go to their fathers, rather than follow the set schedule. How old do they have to be to make such choices? What procedure will I have to follow in order to meet their request?

The problem is that they don't want to go there because he is too strict and somewhat abusive to them.

Thank you!!


Asked on 12/05/06, 11:23 am

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Visitation

I usually agree with Mr. Moore, as I do now. A mediation type situation may be better than going to court. There is no set age as to when it become their call, but 14 is a good starting point.

If you do need the assitance of an attorney, I have an office in Toms River. My initial consultations are always free, so call me at 732/247/3340 to discuss your addtional questions or concerns.

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Answered on 12/06/06, 1:22 pm
Gary Moore Gary Moore Attorney At Law

Re: Visitation

It sounds as if the four of you should enter counseling to resolve the problem. So far as abusive behavior is concerned it can also be addressed in a motion to the Court.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/05/06, 12:32 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Visitation

There is no specific age when a Court will absolutely honor the wishes of the child. Your children are within the range, however, where the Court will consider their wishes. In the final analysis, the Court will make a decision that it believes is in their best interest.

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 a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 12/05/06, 1:14 pm


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