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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116142
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I’m offered with out of court settlement for child

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I’m offered with out of court settlement for child abuse/custody case in NJ. While my case is being evaluated by the guardian ad litem and Bergen Family Center, The father’s (the defendant) attorney has proposed to give me a sole custody with no visitation. I suspect that it is offered to me so the child abuse case would go away and won’t be on record. I would like to make sure that my six years old son is protected in the future if the defendant changes his mind and decides to ask for visitations.
What points would you recommend to include in this out of court settlement agreement on my behalf?

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I would add "sole physical and legal custody and with no visitation now or in the future for the father."

Customer: replied 9 months ago.
It's not what I would like to achieve and the court also won't order "no future visitation." My goal is that if and when visitations are being requested, the father (defendant) would need to comply with some terms, conditions or process. can you recommend those terms to me and send me the legal language?

Unfortunately, I cannot. I will opt out and give another Attorney the opportunity to further assist you.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.If the attorney for the father is offering you sole custody without visitation, the court will approve that type of agreement. As far as the abuse case going away, this type of agreement does not make the abuse case go away, that is up to Child Protection and the District Attorney and you need to make sure the agreement contains no language in there that states you agree to dismiss any criminal matters pending or brought in the future against the father regarding the child. If the agreement does not contain any language where you agree not to prosecute, then any prosecution or CPS investigation can continue and the court WILL approve an agreement of sole custody without visitation rights OR with only supervised visitation rights. So, you can ask that when visitation is allowed that it be only supervised until such time the court has satisfied itself he is no longer a danger to the child.
Customer: replied 9 months ago.
The criminal court issued “no contact”, non-criminal disposition without criminal conviction (ACD), and if we have out of court settlement (family court), in 2 years it will exceed the statute of limitation, which is why I am offered with this settlement by the defendant’s attorney.
With that being said, my goal is that if and when visitations are being requested, the father (defendant) would need to comply with some terms, conditions or process. can you recommend those terms to me and send me the legal language?
Thank you for your reply.
First of all, if there would be any subsequent visitation, you need to ask that those be supervised. Also, it depends on what type of abuse was involved as to what other terms you ask for, such as substance abuse counseling AND random testing prior to being allowed to have the child or physical abuse counseling and parenting classes. There is no standard legal language for these cases, it all depends on the exact nature of the alleged abuse and the actual specific issues the father has. However, asking for supervised visitation only is a start and asking the court to revisit the terms and conditions of visitation if the father seeks visitation at a later date, which means the court will not impose anything now, but before visitation is granted they will hold a hearing to determine what appropriate conditions are required at the time he is seeking the visitation.
Customer: replied 9 months ago.
Physical abuse. Can you send a sample language for participation and monitoring of the defendant process of counseling/parenting course/anger management and or anything else that should be included in this process?
Thank you for your reply.
You would be able to say that the father will agree to not seek visitations until he participates in abuse counseling for two years after his probation ends and that the court can have the jurisdiction to review the visitation at that time. That is the most the court will agree to with that type of case. As an alternative and what I would consider would be to say nothing more than there is no visitation until probation is over and at that time the court can revisit the issue. This way the court will be more apt to accept and deal with it if he chooses to want visitation later, which he may not want to go through what the court will make him do later.
Customer: replied 9 months ago.
Thank you, Is "two years" considered as a standard term for participation in abuse counseling?
Thank you for your reply.
Generally, between 1-2 years is standard before they will evaluate whether or not the counselors consider him safe to be around the child. Typically, after that time they will order supervised visitations until the court and counselors are satisfied that he is safe to be around the child again.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116142
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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