Asked on Jun 16th, 2016 on Child Custody - New Jersey
More details to this question:
I have a custody arrangement filed with the NJ Courts. I have full legal and primary physical custody of my child. My ex was awarded visitation 2 days a week. My ex moved out of state with only hours notice. My ex hasn't had any contact (phone/email) with my child in over 2 months since they moved thousands of miles away and had no permanent address (living with friends). My ex just texted to say they are driving through town in a few days and want to visit my child. What legal right do I have to say no? Can I require that any visitation be done at my home under my supervision?
The fact that your ex moved thousands of miles away may likely be a substantial change in circumstances warranting a modificiation of the parenting time schedule. If the two of you are in agreement, you can alter the parenting plan as you see fit.
The easiest way to modify a parenting time order is to create a consent order between both parents, which alters the preexisting arrangement. You can propose a consent order with terms with which you are comfortable, such as that your ex's parenting time with the child must take place at a particular location(s) and/or that you must be present for the parenting time. The consent order can also include detailed travel arrangements and pick up and drop off times so each of you know exactly what to expect going forward. The consent order, once finalized and signed by you and your ex, will be sent to the court to be signed by a judge and filed with the court, making it an enforceable court order. Another option, beside a consent order, is to file a motion with the court requesting the court modify the parenting time schedule based on the substantial change in circumstances. For more information, check out the following webpages:
http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-modifications.aspx
http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx
The child custody attorneys at Weinberger Law Group will assist you whether it is in preparing a consent order with terms with which you are comfortable and that meet the best interest of your child or in filing a motion with the court. Call today to set up a free initial consultation.
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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