Family Law

  • 1.  Parenting Time Issue

    Posted 04-26-2016 09:08 AM
    Dear listmates:
     





    New client has been
    living at his mom's for the past 4 months.   Recently filed Complaint
    and now the
    parenting time arrangement has changed. 
    Specifically, for the past ten years, because both parties are required
    to work on Saturday's, my client's mother has been watching the parties'
    children each and every Saturday.  Now, because of the divorce action,
    wife wants
    the children to be watched by her mother. 
    Wife is now claiming that my client's mother has been recently toxic for
    the children and the claim is that she runs her mouth about their mother
    in
    front of the children and the children are suffering because of this. 
    The ironic part is that my client has his parenting time at his parent's
    home because that is where my client lives for now. In my estimation,
    this in nothing more that a slap in the grandparent's face because my
    client's wife was not overly fond of her mother-in-law.


     


    My client's parents have
    been substantially involved with their grandchildren but I do not
    believe that
    it would be sufficient for them to get grandparent visitation.  Aside
    from that, especially since there is
    not a tremendous amount of money here, any suggestions would be greatly
    appreciated.  Please know that my
    adversary is standing by her client's position and will not return my
    calls or reply
    to my last two letters.


     


    TIA,


    Eric


  • 2.  RE: Parenting Time Issue

    Posted 04-26-2016 09:26 AM
    It does not seem a grandparent visitation issue, really depends on who has which weekend, would most likely make sense if they are dividing the weekends that on father's weekend his mother watches kids and on mother's weekend her mother watches them. The wife cannot prevent the children from being with his mother on his parenting time (unless I suppose there is something really wrong with her, abuse, neglect, substance abuse).  What is the parenting time, do they alternate  weekends? They should if they don't  so maybe a motion should be brought.
     
    Gerri
     


    GERALDENE SHERR DUSWALT

    ATTORNEY AT LAW
    Admitted in New York and New Jersey
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    New York, N.Y. 10036

    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
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    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.
     





  • 3.  RE: Parenting Time Issue

    Posted 04-26-2016 09:38 AM
    Geraldene,
     
    Thanks for your response.  I have suggested the every other weekend for the grandparents and my adversary will not budge.  I personally know the family and the abuse issue is nothing but a smokescreen. I have been friends with the family for over twenty years and my wife has been friends with the grandmother for over thirty.
     
    The parenting time was every other weekend but once the Complaint was filed, mom wants the children returned on Saturday mornings before they both go to work.  My guy doesn't want the police involved since she is already making him look like the bad guy because he filed for the divorce.
     
    I guess the only way to resolve this issue is by Motion.  Really wanted to avoid it since my guy is 33 and paying all of the bills at the home.  Am going to send one last letter with the threat of the motion along with fees and costs and see what happens. 
     
    Best
     
     
     
    On Tue, Apr 26, 2016 at 09:26 AM, Geraldene Duswalt via New Jersey State Bar Association wrote:
     
     
    It does not seem a grandparent visitation issue, really depends on who has which weekend, would most likely make sense if they are dividing the... -posted to the "Family Law Section" community

    Family Law

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    Re: Parenting Time Issue
    Reply to Group Reply to Sender
    Apr 26, 2016 9:26 AM
    Geraldene Sherr Duswalt, Esq
    It does not seem a grandparent visitation issue, really depends on who has which weekend, would most likely make sense if they are dividing the weekends that on father's weekend his mother watches kids and on mother's weekend her mother watches them. The wife cannot prevent the children from being with his mother on his parenting time (unless I suppose there is something really wrong with her, abuse, neglect, substance abuse).  What is the parenting time, do they alternate  weekends? They should if they don't  so maybe a motion should be brought.
     
    Gerri
     


    GERALDENE SHERR DUSWALT

    ATTORNEY AT LAW
    Admitted in New York and New Jersey
    1812 Front Street
    Scotch Plains, New Jersey 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
    E-mail: [email protected]
    [email protected]

    Web Site: www.duswaltlawfirm.com


    General practice of law serving the legal needs of the community; family and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court, real estate, wills, civil litigation.



    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.
     


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  • 4.  RE: Parenting Time Issue

    Posted 04-26-2016 11:36 AM
    I would just make a motion because why should she get to decide, and if you let it go, might be harder to argue later on. I assume the kids are returned Sat. morning and then go back Sat, night after he gets home but makes no sense since she is working also, and the kids are with the paternal grandparents the rest of the time anyway.
     


    GERALDENE SHERR DUSWALT

    ATTORNEY AT LAW
    Admitted in New York and New Jersey
    1812 Front Street
    Scotch Plains, New Jersey 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone: (908) 322-5160
    Facsimile: (908) 654-3970
    E-mail: [email protected]
    [email protected]

    Web Site: www.duswaltlawfirm.com


    General practice of law serving the legal needs of the community; family and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court, real estate, wills, civil litigation.



    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transmission and which may be confidential, privileged or attorney work product. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.
     





  • 5.  RE: Parenting Time Issue

    Posted 04-26-2016 01:57 PM
    You could apply to the court for a parenting coordinator. 



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