If a previous custody resolution process like an assessment or mediation yields no solution, the court may order a full child custody evaluation at the parents’ expense. Parents may agree to a single evaluator or each retain their own separately, and the court may also order a neutral evaluator.
Custody and visitation share much in common, but have many differences. Parental rights distinguish someone with visitation from someone with custody, and the two terms cannot be interchanged. Don’t be confused by the overlapping legal definitions or individual types.
Courts distinguish marital faults from misconduct that indicates an unfit parent. In other words, proof of a horrible spouse does not automatically deem that spouse an unfit parent, and seeking custody doesn’t have to eliminate parenting time. Although no one is legally required to parent perfectly, the court can decide that the dangerously imperfect are unfit.
T.M. Gloucester County Child Custody Motion
In this case, the client was facing a motion from the father of the child for increased visitation in Gloucester County Superior Court (Woodbury). She was very nervous because she wanted to protect the child from the father. She wasn’t sure what she wanted to do but we assured her that if we fought the case hard and shut it down, she could then be in complete control of the parenting time schedule instead of having it forced upon her. This allows her to protect her child much better since the father had a history of drug use, unstable housing and criminal activity. While it involved a lot of work, we were able to shut down the father’s motion for increased visitation.
If you have a child custody issue that you need help with, call the team of tough, smart Gloucester County Child Custody Lawyers today.
Our Toms River Child Custody Lawyers helped a client regain her parental rights today in Ocean County Superior Court. The client was facing a tough DYFS case at the same time her divorce case was going on. As a result of her cases being mismanaged by a prior attorney, her case was a total mess. In fact, these cases appeared hopeless from the surface. However, when our lawyers see a tough case, we get tougher.worked non-stop to fight against the non-stop allegations from her husband, the law guardian and DYFS. The judge was a second away from putting the client in in-patient but we prevented it from happening.continued to fight hard and at the next court appearance, we got the DYFS case dismissed and as a result, the client’s visitation was no longer supervised.
In this case, our client (the father) had a vindictive ex call DYFS (now DCPP) on him and make false allegations of child abuse and neglect. Unfortunately, the client did not call us when dealing with the DYFS investigation. Like many people, he felt that he didn’t need a lawyer because he didn’t do anything wrong. He wasn’t using drugs so why not take a drug test? After passing several tests, he failed one. He swore that he didn’t use any drugs so we made sure that he took a hair follicle test. We then worked with DYFS to close out their investigation once we were able to show them that this was a false positive. We also made sure that DYFS sent over a report to the court. The timing of everything was very close but the court received everything the day before the motion date. As a result, the mother’s motion to suspend parenting time was denied and our client’s visitation rights were restored just in time for the holidays.
A contempt proceeding should be brought under R. 1:10-2 against the other parent for interfering with parenting time. Under R. 1:10-3, monetary sanctions are available. Often times, lawyers will file a motion to enforce litigant’s rights and simply ask the Court to verbally scold the other parent. I view these case as dealing with any other bully. The best way to get a bully to back down is to stand up for yourself and punch them in the mouth. Clearly, assaulting the other parent is not advisable but standing up for yourself in court and using the court to deliver a serious blow to them will often get them to back down.
Now I’ve heard every excuse in the book as to why the other side will not listen to any court order. In fact, I find it odd that people would call a lawyer only to tell the lawyer that the other side cannot be defeated. Why call the lawyer in the first place? Quite often, the prospective client has handled the case on their own or did not have an aggressive lawyer in the past. I cannot think of any case that our firm has handled where we could not help our client get parenting time unless the parent was involved with DYFS. Even with serious DYFS allegations, we can almost always get the client some visitation.
Thus, if you want to enforce your parenting time and teach the other side that you will not back down, speak to one of our tough, smart lawyers about filing a motion to hold the other parent in contempt.
This was very difficult because our client went to court without a lawyer and got a final restraining order against him. Adding insult to injury was that he filed a number of frivolous motions which not only upset the judge but it made him look crazy. This in turn led to an award of counsel fees to the other side. Speaking of the other side, they had one of the top local law firms on their side. Thus, the cards were stacked against us. Although it took about 6 months, we chipped away at the case little by little, steadily making progress. My client went from having almost no visitation to supervised visitation to unsupervised visitation on a regular schedule. This despite the incredible resistance that the other side constantly put up including weekly allegations against our client.