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How to File visitation rights?

Toms River, NJ |

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.

Attorney Answers 4

Posted

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.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Posted

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.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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Posted

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.

Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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Posted

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.

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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