How do you regain parenting time?

Asked 10 months ago - Toms River, NJ

My fiancé has a 3 1/2 year old son. He was in the hospital at the time of the custody hearing when his son was 10 months, and lost visitation. There have been gaps in support payments in the past but support is now being paid weekly for several months. He is to the point where his circumstances have changed for the better and he would be a positive role in his son's life. The child's mother has expressed desire to have him in their son's life but while they were going back and forth on the phone (over several days) to arrange a meeting to discuss him seeing their son , someone called DYFS and she decided she wanted to do everything through court now, which while frustrating is an understandable response. Where do we start? What needs to be proven/shown?

Attorney answers (3)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . First you should try and retain a good local family law attorney there really is no legal correlation between support payments and visitation, please work with a local attny and he or she will help with a parenting scheudule/visitation plan, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Bari Zell Weinberger

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    Contributor Level 14

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    Answered . From the facts provided above, it appears that you have support for an application for a modification of parenting time. While parties are permitted and able to handle these types of applications on their own, I highly recommend that you consult with an experienced Family Law attorney who can review all of the facts and circumstances involved in your matter and advise you accordingly. The articles located at the link provided below may also offer some additional, helpful, information. Best of luck!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more
  3. Yolanda Navarrete

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    Contributor Level 20

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    Answered . You would start by filing an application for parenting time in superior court. You can find the application on NJ Courts on Line. Of course it would be much better to do this with an attorney.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more

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