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

Q: I'm afraid my child's absent father will demand parenting time in an attempt to avoid/diminish child support.

My child's father is emotionally abusive and I'm certain he will lie about his living/working situation or lie about me to avoid being held accountable. Is it possible to get child support and refuse parenting time on grounds of his consistent absence and past threats of abandonment?

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

A: The court will determine parenting time in the best interests of the child. The lack of contact between the parent and child will be considered by the court, as will appropriate living conditions and any child abuse. I’m unsure if you are indicating that the father is emotionally abusive towards you or the child. Many factors are taken into consideration by the court when determining parenting time. You should consider consulting with an experienced family law attorney to discuss the details of your case and how to proceed.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question.

The short answer is possibly. The final determination of custody and child support will depend on what the Court finds is in the best interest of your child. In its determination, the Court will look at a set of factors, including the fitness of the parents, the history of domestic violence, etc. I suggest that you speak with an experienced family law attorney who will be able to advise you on your rights and devise a strategy based on your situation.

I hope this information was helpful to you.

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