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

Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child support. Since he already was only granted a few hours a week, supervised, is there anything I can pursue to show he is mentally unfit? I’m not only concerned about his mental health, but the amount of people he could

Owe money to or scam that could track him down or even track me and endanger my daughter or myself. If I pursued a mental fitness test or drug test, could it reduce the amount of time she’s with him/be worth asking him to drop his rights?

2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim that he is mentally ill and that a supervised visitation setting must remain in place. Im not sure that providing the court with proof of his bad actions will reduce his already limited contact with your daughter. I agree with you that if she is preying on others with a claim that your daughter has cancer or is sickly, it is a terrible thing - NO, its a horrible thing to say but it sounds like its consistent with his mental health issues, and the reason why he cannot be permitted an unsupervised setting with her.

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

A: Thank you for your question. Generally, courts will facilitate a relationship between a child and both parents regardless of circumstances and of course putting measures in place to ensure the child’s safety which the court has done already. If there is further evidence that he is placing your child in harm the court will consider same to determine an appropriate schedule of any. Additional information is required to be in a position to better guide you and review all relevant paperwork. I suggest speaking with an attorney for a detailed discussion.

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