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

Q: I have been the only caregiver of my 6 month old daughter and now her father wants overnight visits 2hrs away is it alwd

I raise and have been the only caregiver for my 6 month old daughter. Her father lives out of state 2 hours away and he has not spent time with her to know and bond with her. He filed court papers but I fear the safety of my child leaving the only caregiver and environment she knows overnight. We have court tomorrow and I’m nervous a judge will allow him to take her?! Please help I’m not sure what to do

Related Topics:
3 Lawyer Answers
William N. Sosis
William N. Sosis
Answered
  • Divorce Lawyer
  • Hackettstown, NJ
  • Licensed in New Jersey

A: Try relaxing. The court will decide correctly based on the child's best interest and fairness to both parents. This is what family court judges do and they do it very well. Taking the high moral ground, histrionics, and disparaging the child's father doesn't work unless you have credible facts to support it. There are divorced couples living thousands of miles apart that share parenting time.

Elena K. Weitz
Elena K. Weitz
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: There are many factors the court will consider in making its decision and I don’t have enough information to give you any guidance; you may want to consider consulting with an attorney so you fully know your rights and what the court will consider. If you feel uncomfortable at court tomorrow you can ask the court to postpone the date so you can consult with an attorney.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put it charitably. You need an in person consultation with an experienced matrimonial attorney, who can review all previous legal proceedings and documents. Then the attorney will be able to advise you how to proceed. You need to ask yourself, can I afford not to have an attorney? Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.