NJSBA Family Law Section

 View Only

  • 1.  Parenting Time for Absent Father of 1 Year

    Posted 04-28-2016 11:53 AM

    I have a client who has been absent from his 2 year old's life for approximately one year.  The parties were disagreeable about parenting time, and he never filed a motion for same until now He is not a safety risk, and has a stable home with another small child in the house.

    Can anyone recommend any case law/approaches to steer the Judge away from the thought of supervised visitation, evaluations etc?

    I have seen some judges take the approach of "it's never too late to be in your child's life" and others who make them jump through hoops to start seeing the child again.   

    Thank you for any thoughts.

    ------------------------------
    Alexandra Conti Esq.
    Union NJ
    (908)810-8588
    ------------------------------


  • 2.  RE: Parenting Time for Absent Father of 1 Year

    Posted 04-28-2016 07:32 PM
    Alexandra,
    <x-tab>        </x-tab>I'd ask for a gradually increasing schedule leading to overnights and referral to mediation to discuss expanding schedule, scheduling a plenary hearing if mediation doesn't resolve it. Unless they're going to come up with a whole lot more, like some allegations / conflicts you're not supplying, I don't see a judge ordering supervised visitation / evaluations on those facts. Mere absence from a 2 year old's life as a result of conflict during the divorce process should = introduction slowly, not supervised visitation or a full-fledged evaluation.


    <x-sigsep>

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

    David Perry Davis, Esq.
    ------------------------------------------
           #FeelTheBern
     www.SwitchToBernie.org
    -----------------------------------------

    </x-sigsep>



    Original Message