Is a good idea to talk to Judge of my ex constant visits obstruction during a motion I filled asking an extra overnight?

Asked about 1 year ago - Union, NJ

My court date is by the end of the month. I will ask an extra overnight and to take my toddler outside the usa for vacations. Ex out of rage has decided to obstruct me to see my boy during “weekdays” for almost the whole month of Oct. Her Excuse:my son is sleeping at 5PM! She has various “denied” motions asking that my visits during the weekdays be suspended. Is that a good idea to file another motion asking for monetary sanctions and to respect my visits and ask the judge to include this motion for the date that was set for my motion asking an extra overnight? I really want to focus on the benefit of my son spending more time with his father, not sure if I should spend time also discussing about my visits obstructions. Will it benefit me? this is proof that I comply w/ my visits

Additional information

to clarify i am not using her visit obstruction as an excuse to get an extra overnight. The overnight is the fact that my baby is not an infant no more. Now he talks plays etc..He deserve more time with his father. I hope that the law do not expect my son to spend his time with his father as if he was an infant for live...

Attorney answers (4)

  1. Yolanda Navarrete

    Contributor Level 20

    4

    Lawyers agree

    Answered . In order to change a parenting plan you must prove there is a change in circumstances where it would be in your child's best interest to increase your parenting time.

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

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . If the original motion did not contain a request to bar her from interfering with your weekday visits, you would have to file another motion to enforce the current order. However, in motion practice, you file a motion, she responds, and you can respond to her certification. I would recommend that you highlight what has been occurring in October to use as a further reason to support your current motion for the additional overnight. However, a Judge will not consider any request verbally that was not contained in the original Notice of Motion.

    Good luck.

    Please mark as "Helpful" or "Best Answer" if our advice helped you. I would be happy to follow up with you.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Need to show a change in circumstances. Retain a top-rated Union lawyer to handle it

  4. Aneliya M. Angelova

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with my colleague. You need to show a change in circumstances in order to modify the current parenting schedule. You cannot request an extra overnight as a "punishment" for your ex's "visit obstructions." However, you can try to ask for the court's permission to make up any lost time (due to the custodial parent's conduct).

    This answer is for informational purposes only and should not be construed as legal advice.

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