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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27622
Experience:  Attorney with experience in family law.
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I was wondering how I can make a visitation schedule with the baby

Customer Question

I was wondering how I can make a visitation schedule with the baby's father. The baby is 3 months old and on an apnea monitor.
Right now he can come every other weekend for 3 hours. I do not ask him for child support just diapers, wipes and formula.
I want to write something up this way we can stop fighting about him visiting sometimes he wants to come every weekend when it is convenient for him or sometimes he does not come for 3-4 weeks. It seems to be only when it is convenient for him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You have the ability to go to court to get an order granting you sole custody, which means that you will also get child support to help cover all of the child's needs, both now and in the future.
Usually, when one parent has sole custody, the court order lays out times the other parent MAY visit. You should know that the judge won't force a parent to see a child if they don't want to. So, the order will prevent the father from dropping by outside the stated hours, but it doesn't require that he appear during those hours. This is because it's generally believed that a child won't benefit at all from spending time with a parent who's there under protest. But you can at last narrow the hours where the father is allowed to arrive (and get the money your child is entitled to - some parents are more likely to exercise visitation to spend time with a child they're paying for).
This packet has forms and instructions for you. The case is filed in the county where the child lives.
http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf
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Customer: replied 1 year ago.
I want to come up with something in writing. Like he can visit Monday-Thursday from 6-8 and every other weekend. Is that fair? I let him come whenever he wants. And stay as long as he wants
Expert:  Lucy, Esq. replied 1 year ago.
That's fine, as long as he agrees to it.
Take a look at this calculator to see how much money you may be able to get as child support. It could be more than you think (and a lot more than what he's spending now on stuff), and that can help you when you're negotiating.
http://quickguide.njchildsupport.org/
Customer: replied 1 year ago.
I tried using it. But not sure about how to calculate the percentage. And he had another kid. Does that get put into perspective?
Expert:  Lucy, Esq. replied 1 year ago.
For the type of schedule you're talking about, where he's visiting a few hour a week, you can put yourself as 100% parenting time.
The worksheet doesn't take other children into account.
Customer: replied 1 year ago.
But when I go to court will they? He has his daughter 100% of the time but has no custody over.
Expert:  Lucy, Esq. replied 1 year ago.
No. Every child has a right to be supported by his or her parents, even if there are other children that were born first (or later).
Customer: replied 1 year ago.
Ok. I just want to be prepare because he is trying to pay the bare minimum.So if I say every other weekend he can come visit at my house from 10am-12pm or 1pm and every other Wednesday from 6-8pm. She stays on my health insurance (im on family care). Would they grant that to me. I just want to be prepared
Expert:  Lucy, Esq. replied 1 year ago.
If he has a job that provides for health insurance, then she'd usually be added to his plan instead. This is because the state wants parents to provide health insurance to children whenever possible, freeing up state-funded plans for the people who don't have other access to insurance.
It also depends on what he asks for. The judge will approve pretty much whatever he both agree to. If there's no agreement, then you have to prove what's best for your daughter.
Customer: replied 1 year ago.
Will I lose nj family care if she goes onto his insurance?
Expert:  Lucy, Esq. replied 1 year ago.
The fact that he's covering her shouldn't affect your eligibility. She would be removed from Family Care if she's getting health insurance from the other parent.
Customer: replied 1 year ago.
Does that make him in control of her healthcare? What if I need to call for pre authorization on something, she is on an apnea machine. What if they don't cover it? Sorry for all the questions. I just want to be prepared
Expert:  Lucy, Esq. replied 1 year ago.
No. It just means that he pays for the health care. You're still the sole custodial parent. And if you're the parent with legal custody, you still make medical decisions.
Customer: replied 1 year ago.
He will Payless child support if the healthcare is under him?
Expert:  Lucy, Esq. replied 1 year ago.
It depends on the judge. Not necessarily.

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