QUESTION

NEED LAW ADVICE ON SITUATION

Asked on Feb 21st, 2018 on Family Law - New Jersey
More details to this question:
MY X WIFE FILED A CASE WITH CHILD PROTECTION ON ME FOR HAVING A DISAGREEMENT WITH MY GIRLFRIEND IN FRONT OF MY CHILD. MY CHILD WHO IS 8 YEARS OLD IS AUTISTIC AND RANDOMLY SAYS UNTRUE STORIES AT TIMES. MY CHILD TOLD MY X WIFE THAT I SAID A TERRORIST THREAT AND THEIR WAS ABUSE BETWEEN ME AND MY GIRLFRIEND. THIS IS UNTRUE AND i AM VERY UPSET BECAUSE MY X WIFE IS NOT LETTING ME SEE MY CHILD AT ALL OVER AN UNTRUE STORY FROM MY CHILD. I DO HAVE VISITATION THRU THE COURT BUT THEIR WAS NO LAW TO KEEP MY CHILD FROM ME. CAN SHE DO THIS? PLEASE LET ME KNOW. THANKS
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your question.  I know how worried you must be about  your custody and parenting time rights.  The short answer is possibly.   Specifically, did DCPP put a safety plan into effect that prohibited contact between you and your child during the investigation?  Even though the court previously entered a custody and parenting time order, all orders involving children are subject to modification upon a showing of a substantial change in circumstances.  Ultimately, the Court must weigh all factors before the Court would determine whether to modify the order in place.  It is important to protect your interests and have  an experienced family law lawyer advocate for your interests .  An experienced family law attorney will help ensure that the current court order is enforced so that you and your child are able to enjoy a close and loving relationship.    I hope this information was helpful to you.
Answered on Feb 23rd, 2018 at 4:41 AM

The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.

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Family Law Attorney serving Hackensack, NJ
It is unclear if your ex-wife is preventing you from seeing your child, or if there is a court order which says you cannot see your child unil the DCPP investigation is over.  You may need to make a motion to the court regarding your visitation, depending on the circumstances.  Please consider making a consultation with an attorney to discuss these issues as many more details are needed.  An attorney can advise you how to proceed and make the necessary motions to the court.
Answered on Feb 22nd, 2018 at 6:36 AM

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