Legal Question in Family Law in New Jersey
Visitation question
My daughter's father is taking me to court for visitation. Which is ridiculous. I was taking her for so many years to his house. One day I ask that he come pick her up (I live in another city). He said ''no, I shouldn't have moved''. What I want to know is,is a court going to say that I have to bring her to him or can there be a mutual spot for us to meet? If he really wanted to see her it shouldn't be a problem for him to come get her whether I was in another city or not. Am I wrong for thinking this? i have no problem letting him see it's just that I have to bring and pick her up which to me isn't fair. We both drive. Thanks for any help.
3 Answers from Attorneys
Re: Visitation question
Lately, Judges have been favoring balanced commuting schemes and "designated location" exchanges. Considerations include work-related commuting schedules, as well as the child's school-related needs.
Most visiting parents don't mind volunteering for both pick-up and drop-off duties, since it gives them additional time with their children. Other parents believe that the commuting aspect is a tedious drill to be avoided.
Give us a call if you would like to discuss this further at either 732.603.8585 or 732.603.0999.
Practicality and good sense is usually the key to making a persuasive argument around parenting time issues. The child's interests are given a good deal of weight: less weight when younger; more weight when older.
Re: Visitation question
If the two of you can not agree on the transportation for visitation by the father, the court will impose some arrangement. I would think that if you live within twenty miles of the father he will be doing most, if not all of thel driving. You may call me by dialing 800 273 7933. You can talk to me briefly and/or make an appointment for a consultation. You can visit my website by clicking on www.garymooreattorneyatlaw.com
Who drives for visitation?
It is unclear from your question, as posed, as to whether or not there was a Court Order or whether you had an informal agreement. It is also unclear as to whether or not you (or both of you) moved from the locations that you were in when the agreement was reached. However, in my experience, the driving is usually split in some way, absent some unusual circumstances. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other 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