Legal Question in Family Law in New Jersey

Visitation/Child Custody

I gave my mother custody of my daughter in 1999.I have not seen my daughter in about 2 years now, the only reason I seen her then is because my son went to the same doctor. I want to know how I can get custody back or at least visitation? My mother will not let me see my daughter. I did nothing wrong to make her not let me see my daughter. I still have Christmas presents for her from 2002. I believe she is unhealthy and has trouble taking care of her. Her boyfriend takes care of her.

I'm married now with 2 other children. My husband and I own a home. He has a full-time job and I stay at home.

I also owe back child support. Will that effect me get visitation rights?

Her father has visitation. Will her father have to agree on visitation for me?

I would greatly appreciate any advice. Thank You for your time.


Asked on 4/26/04, 11:30 am

2 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Visitation/Child Custody

You should have a righ to visitation and may be able to regain custody, depending upon your situation and your daughter's situation. The Court is going to only focus on what is in her best interests. Child support should have nothing to do with whether you have visitation or regain custody. However, you will still owe the money. I suggest that you consult with a Family Law attorney.

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Answered on 4/26/04, 1:45 pm
Gary Moore Gary Moore Attorney At Law

Re: Visitation/Child Custody

You are entitled to visitation. If the child has lived with your mother since 1999 you are going to find it difficult to regain custody. It helps improve your chances of regaining custody if you have improved your situation financially and the child is not being proply cared for.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 4/26/04, 11:45 am


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