QUESTION
Can I file a restraining order against the father of my child? How?
Asked on Nov 12th, 2013 on Child Custody - New Jersey
More details to this question:
I have a daughter and I have a custody agreement. The father hasn't paid child support since January (9 months) but still sees her on his weekends. He's been calling my phone and texting me calling me all sort of names and I know he could fail a drug test. Is it right for me to not let him take our daughter since he hasn't paid child support?
4 ANSWERS
Bruce Provda
If there is an agreed visitation you need to comply with it until you go to court to modify it.
Answered on Nov 14th, 2013 at 4:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sadly, support and visitation are separate issues. Take him back to court to enforce the support obligation.
Answered on Nov 14th, 2013 at 4:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he has not threatened you, you cannot get a no contact order. Just because he is behind in child support does not give you the right to withhold visitation. If you can prove he is using drugs, that may be a basis for modifying the present order, if he wasn't using before. You need to talk with a local attorney about the issues.
Answered on Nov 14th, 2013 at 4:23 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Child support and visitation are two separate things. If you believe that Dad has a drug problem you need to advise the court. There is no "self-help" in NJ.
Answered on Nov 13th, 2013 at 10:50 AM