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PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 730
Experience:  14 years of practice in all aspects of family law.
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I have a family question this time. A father is an alcoholic

Customer Question

I have a family question this time. A father is an alcoholic and walks out on his wife of 25years, children ages 23, 18, and 11. Seven weeks later he appears again,gets an attorney and files for divorce. The father now wants visitaion rights to the 11 year old after leaving him with his mother in the house with no money for seven weeks. How do we stop this? I need a case or rule from new jersey, third circut, ect. to cite in the motion Do you know of anything?
Submitted: 4 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 4 years ago.
I can't cite you a case, but I can look at the parenting time statute from New Jersey, will this help you?
Customer: replied 4 years ago.
What ever you think that I may be able to use. The botXXXXX XXXXXne is that we need to get Mom full custody of the kid and keep him away from dad.
Expert:  PlotinusLaw replied 4 years ago.
Okay, it will be a few moments while I check the statute.
Expert:  PlotinusLaw replied 4 years ago.
Unfortunately, parental visitation rights are very difficult to restrict absent a substantial showing of some kind of physical abuse, or, God-forbid, sexual abuse. The court is going to need to enter a temporary order determining what custody and visitation will be while the case is pending. This is probably the hearing that you are trying to get ready for. Accoding to New Jersey law, factors that court must consider are going to be the willingness to accept custody, any unwillingness by either party to allow parenting time, unless there has been substantial evidence of physical abuse, the parental relationship with the child, any history of domestic violence, the physical safety of the child, the child's reasonable preference depending on their maturity and capacity to reason, the stability of the home environment, as well as several other factors. Based on the content of your question, it sounds like there may be a history of physical abuse here. However, I cannot stress enough that any attempt made at this point to restrict the child's time with the father could be construed by the court as an unwillingness to facilitate parenting time which would be detrimental to your long-term custody case. I have included links to the relevant provisions of title IX of the New Jersey statutory code; children and domestic relations. This answer is textbased so you probably will not be able to click on them. Cut and paste them into your browser and it will take you to the site. I have also included a link to be Rutgers Law school website which maintains a database of searchable opinions for the New Jersey Court of Appeals. I hope you find this information helpful. Also, please don't forget to click the "accept" button so that I can get credit for this answer and any feedback you may leave. Best of luck!

9:2-2. Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security (http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=15674992&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={33C8}&softpage=Doc_Frame_PG42)


9:2-3. Custody of children of parents living separately; powers of court(http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=15674992&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={33CA}&softpage=Doc_Frame_PG42)

Rutgers searchable case database, use the terms "visitation" and "children" together(http://lawlibrary.rutgers.edu/cgi-bin/swish-e/courts.cgi?query=visitation+children&submit=Search%21)

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