QUESTION

Can the father of my newborn child have visitation are weekend visits with his child when his wife is hostel towards me

Asked on May 03rd, 2022 on Child Custody - New Jersey
More details to this question:
I am very concerned for the safety of my child the father wants visitation in his home and perhaps overnights I am not against visitations because I do want him to have a relationship with his child but his wife has been hostile towards me and has harassed me as I had to report her several times Iโ€™m afraid she can become abusive with my child can I get monitored visitation out of the home for the father please share your advice with me thank you
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. I am so sorry to hear that you are dealing with this.  To appropriately evaluate your matter and provide guidance, more information is needed, such as the age of the child, what the parenting time arrangements have been thus far and whether there has been court involvement and a court order.  Generally speaking, if there is a significant and substantiated concern about the safety and well-being of a child, the court will take all necessary precautions to ensure that the child is safe during parenting time.  I highly recommend that you schedule a strategy session with an experienced family law attorney who can gather more information and provide guidance to you based upon the specific details of your matter.  
Answered on May 19th, 2022 at 12:20 PM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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A perfectly legitimate concern. On its face, my suggestion may sound "over the top" but considering the alternatives and the cost of the alternatives, it may be the best long-term solution. Contact the father and tell him that you want him to have a relationship with your baby, but you are afraid of the hostility expressed by his wife and that you would like to attend 1-2 sessions with a jointly selected family counselor to discuss it constructively. Point out to him that you understand that she is angry and that she may have a right to feel angry, but you also have a right to ensure that she will not say or do anything in the presence of the child to cause the baby or your concern. Take the high road and show that you are willing to let her express her anger but that your goal is to find a path forward constructively.  If that does not work, then you and the father will end up in court and a judge will decide how his parenting time is determined and whether it is supervised, not supervised, or handled in a different way. By trying to resolve the issue in a counselor’s office, maybe after a few tears and a few curses, a constructive path can be forged. It will also be a much cheaper option than hiring lawyers and fighting this issue out in a courtroom. 
Answered on May 04th, 2022 at 6:11 AM

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