I have been paying child support for my son his hole life. We never had visitation through the court and decided to do that out of court. She has been denying me my right to see him for no reason. my son is very hurt by this. I need to know how to file for visitation rights. We where never Married. I was 16 years old when I had my son. I am now 30. On numerous times she has done this.
Divorce / Separation Lawyer
File a motion in court to seek to establish parenting time. The forms are either at the courthouse or online, or you can retain counsel to help you.
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Divorce / Separation Lawyer
The law / court rules call it parenting time. You need to file an FD (non-dissolution) complaint seeking it. If you can afford counsel, in Ocean I suggest Eric Hannum (not sure if he's on Avvo, he's certainly locatable via Google). If not, file it yourself. Either way, the court is going to require you two to go through mediation (assuming there's no domestic violence order in place) - 94% of cases resolve there with an order addressing parenting time. If it doesn't resolve there, a judge will decide it (he may first ask for a Custody Neutral Assessment, an evaluation, etc), but it will eventually be decided.
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Criminal Defense Attorney
You can file a motion in court in order to be able to have a court enforceable motion in place to be able to ensure your visitation rights. In the State of New Jersey a parent has a constitutional right to see his/her children. Before any parent can be denied of visitation rights, it must be shown that having the child in the parent's presence would cause physical or emotional harm to the child. Moreover, it must be proven that there are no other alternatives than completely terminating visitation.
A common problem with visitation is that one party fails to comply with the visitation schedule. Visitation schedules are derived from court orders or judgments of divorce. Therefore, if a person consistently fails to comply with a visitation schedule then they can create a real mess for themselves. A court can sanction a parent with fines if they consistently fail to comply with a visitation schedule.
In some cases, an embittered former wife becomes so enraged that she does everything within her power to deny the husband visitation rights. This type of scenario often occurs when the ex-husband leaves his former wife for another woman. The world is a nasty place, and this scenario happens quite frequently. The embittered spouse often convinces the kids that dad is a reincarnation of "Satan."
It must be emphasized that a former husband has the right to visit with his children, regardless of the circumstances that led to the dissolution of the marriage. In some extreme circumstances, the court will even transfer custody if a parent is consistently denied visitation rights. This measure is only used as a measure of last resort.
Hopefully, this information is helpful. Please feel free to give me a call to discuss in greater detail.
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Family Law Attorney
Following up on prior answers you received, if there is an Order setting child support you can file your Motion seeking the official setting of your parenting time rights under the "FD" Docket Number that was established for the setting of your child support obligation.
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