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

Q: What is the best way to deal with an ex-spouse who is unwilling to give more time with children? We have joint custody.

I've tried to simple ask and she doesn't respond to those requests. I have been to 2 different hearing trying to get more parenting time. Both cases were denied saying they don't see a change that would warrant more time. We were married for 11 years. The courts were really unfair when it came to dealing with the matter. They just gave her what she wanted and gave me no choice. No physical or mental abuse, no drugs or alcohol, no child abuse issues, etc. She wants me out the picture. Also doesn't communicate about things that pertain to the children, and when I say anything she acts like she has done nothing wrong. Every situation she runs to her lawyer instead of working things out. I don't have one as I can't afford one.

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2 Lawyer Answers

A: Your situation requires an in person consultation and document review. If you really want to see your children more, than you will have to find a way to retain an attorney. 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.

A: Thank you for your question.

You would need to show that there has been a significant change in circumstances since the parenting time was established and that those changes are in the child’s best interest. We would need more information in order to decipher whether it is in the child’s best interest to increase parenting time. I suggest that you meet with an experienced family law attorney who can assess your situation in further detail and help you protect your rights.

I hope this information was helpful to you.

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