Legal Question in Family Law in New Jersey

More Visitation Problems

My brother is the father of a 5 year-old little girl. Overnight visits began June 30, 2001, Fri.5pm�Sun.7pm. He/we the family, have had many problems with visitation. The mother has on many occasions arrived several hours early interrupting the visit and on one occasion attempted to force her way into the home. She made a scene and then proceeded to call the police. After discussing the matter with my brother and reviewing the court order she was made to leave. Now, the mother has recently filed a notice of motion to enforce litigant�s rights in an attempt to prevent visitation on an upcoming birthday. The motion is requesting that the visitation order be modified from overnights to several hours every other Sunday. She claims that my brother isn�t participating in the visit, that family members including my brother�s paramour are in essence caring for the child. She is also asking for counsel fees and costs as well as making other claims in the motion. My brother is becoming discouraged by the constant struggle. I don�t believe that he should appear in court alone. What advice can you offer and can you refer us to an attorney that is familiar with the Camden County Court system? Also, can he ask for a change of venue?


Asked on 10/07/02, 11:45 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: More Visitation Problems

I can see how distressing this is for your brother and your family. However, it is not an unusual situation when one of the parties takes unreasonable positions. A very strong defense needs to made now so that this nonsense does not continue into the future. It is best that he has representation in Court. 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. Your brother needs to contact an attorney (either me or someone else) to discuss the matter in more detail. Only then will he be able to rely on the advice. I practice in Camden County. If he calls me, [856-546-8010] tell him to mention Law Guru and his first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 10/08/02, 5:57 am


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