Legal Question in Family Law in New Jersey
visitation refusal
My ex-wife drops my 10 and 14 year old daughters at my house on friday nights refused to 'release' the children to a close and trusted friend of mine when I had to work late. The ex does not know and refuses to meet my friend, however my children know and are very comfortable with this adult person who is also very responsible. The ex maintains that she can refuse to 'release' them to anyone she deems a stranger. Nowhere in my PSA (property settlement agreement) does it state that I need to be the one who receives them.... I occasionally have to work late. Bear in mind that 5 years ago my ex left my house with my children and immediately moved them in with the man she was having an affair with..... and married one year later.
read email from ex below:
I have a right to refuse who receives my children and will not continue dropping the girls off to different people every two to three months. This is not healthy for my pre-teen and teenage daughter. You again failed to meet your parental visitation obligation and do so consistently, and have for years now, and then make these sorry, desperate attempts to have ''friends'' of yours receive the girls as your agent.
Can she continue to do this?
4 Answers from Attorneys
Re: visitation refusal
She can and will continue to do this until you do something about it, that is, filing a Motion to require her to drop the girls off in the care of your close and trusted friend. It is likely that she will argue that this person is an unknown. You will need to establish that the friend can be trusted. Then the Court will decide the issue.
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 facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: visitation refusal
If you would call me this afternoon I would be glad to discuss your problem with you.
Gary Moore
Re: visitation refusal
The other attorney is right, you will need to have a Court order her to stop doing this. You will have to convince the Judge that this is a safe and appropriate person.
Get a lawyer, file a motion and ask the Judge to put a stop to this.
Call me if I can assist you.
Re: visitation refusal
As the other attorneys said, she can and will do anything until you go to court to stop her.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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