Westfield, NJ asked in Child Custody, Divorce and Family Law for New Jersey

Q: How soon can I have a custody agreement in place when it comes to supervised visitations?

My husband will be back from rehab in a few weeks. Based on his reoccurring history with drugs and alcohol I'm not comfortable with him being alone with our children (1 year old and 3 year old). He has gone for treatment and is clean as far as I know but with his track record and the times that he has done drugs while the children were under his care I would like to request supervised visitations and to not travel alone while he's with them. Is this something that could be done?

2 Lawyer Answers

Leonard R. Boyer

Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New Jersey

A: Each case is different. You did not state whether or not you are married or if there have been any previous Court Orders in place. You need to start with an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

Michael A. Conte

Answered
  • Divorce Lawyer
  • Pennington, NJ
  • Licensed in New Jersey

A: Supervised parenting time is something that is sometimes requested and sometimes granted in family Court. His recent history of drug use and the young ages of the children are factors that would increase your chances of success with this type of an application. I can't tell from your question what type of evidence you have of his history. The quality and admissibility of evidence may become crucial to your case. I agree with my colleague that to properly determine how to best address your case, you would be well served by meeting with a qualified family law attorney.

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