QUESTION
What are my options to stop unsupervised visitation?
Asked on Sep 24th, 2013 on Family Law - New Jersey
More details to this question:
I am involved in a case with DCP&P (formerly DYFS) in my state of NJ and my case is about to be closed, however, the non-custodial parent has not been complying with the court order in my criminal case involving my son. The non-custodial parent had abused my son and was convicted of cruelty and neglect of my child and was sentenced to probation. Furthermore, he has not completed any of what has been required and it seems that the courts are considering unsupervised visitation and I am unsure what my options are to stop unsupervised visits of parenting time. In addition, I have a restraining order that includes myself and my son.
1 ANSWER
2 Awards
It will be crucial for your to document the failure to comply with what was required. You should file a motion to enforce litigant's rights, also called post judgment relief. There are forms available in the family court. You can ask the court to order that the items that were previously ordered be completed, and if not, that no visitation will be allowed until the things are completed. This is a way to alert the court that the items were not completed and that the court should not be considering anything else until those things are finished.
Answered on Sep 25th, 2013 at 4:42 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship