My husband's job recently changed and he works 2-10 pm. The current visitation schedule is Sat, Sun, and Tues. His days off are Tues and Wed. So out of the three days, he only sees his daughter on one which is Tuesday. The mother has made it extremely difficult to get the child before noon on Saturdays. My husband has to leave work at 1 p.m. When he gets home at 10:30 or 11, the child is asleep. So he essentially sees her 1hr that day. On Sundays she wakes up and goes to church with us.... so he sees her until 12 pm. when he leaves for work. Again these two days are interfering with his visitation rights. We have tried to compromise with the ex wife but she won't...........its her way or the highway. What legal advice can you give us?
Intereference with parental visiting rights is a serious matter and in NJ might lead to a change in custody.
Your husband needs to motion family court for a new realistic schedule. Also he has to keep a diary of how the ex is interfering with his visitations.You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).
You might find Attorney Alan Brinkmeier’s legal guide on How to Know When to Appeal helpful.
(His suggestions are also valid when considering a Notice of Motion for Reconsideration on the trial level ).
You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.