I know there are a couple of lawyers on this board... - NJFBOA - Home of New Jersey's Camaros and Firebirds

89formula · 08-28-2007, 04:56 PM

I need some help for my SO on visitation rights for her child. Her mother is barring all access to her son - Not even allowing her son to receive the cards and letters she sends him, won't answer the phone, and other equally cruel things.

She is gainfully employed, has a permanent residence, and all legal issues have been settled.

What rights does she have to have some contact with her son? Her financial situation is such that she can't afford to pay for a lawyer, and my finances won't let me help at this time either...

Please guys, she is in pain over this....

trashman01 · 08-28-2007, 07:32 PM

unless its court order her mother has no say

79T/A · 08-28-2007, 08:59 PM

If she goes to the family court (Division of superior court for her county), she could speak with an assistant prosecutor and possibly file a criminal complaint against her mother.

She should prepare herself for an ugly mess. Her mother could file a cross complaint and then they'll both have to explain the circumstances in a courtroom. The best bet for her is to contact the AP in the family court and explain what's going on. Then take it from there. There is good legal aid out there for people who can't afford it and the family court should be able to point her in the right direction.

If there is no documentation against her having contact with her son, then what her mother is doing is illegal. She can also contact her local police department and speak with a supervisor. They may be able to help.

Untamed · 08-29-2007, 08:55 AM

Most law firms provide a free first consultation. The lawyer will listen to the circumstances then decide if he is willing / able to help (billable services) or not. If he is unwilling / unable, he can at least point you in the direction of public defense / counsel before you speak with the prosecutors office.

I agree with the post above, this could get ugly. However this board isn't the place to explain the details or get legal advice other than the obvious - go talk to a lawyer whether you have money or not. They'll at least point you in the right direction.

Good luck to both of you.

BonzoHansen · 08-29-2007, 09:18 AM

From what I hve been told by others in this situation, there are custody agreements, and if the terms of the agreement are not being met, time to go to court.

jims69camaro · 08-29-2007, 10:45 AM

Quote:

Originally Posted by BonzoHansen

From what I hve been told by others in this situation, there are custody agreements, and if the terms of the agreement are not being met, time to go to court.

and you don't necessarily need a lawyer to do that. it's called a pro se motion, basically means you will argue the case yourself without an attorney, even though you have the right to get one. if all that is happening is that the other side is refusing to the agreed upon terms of the visitation order (already signed by a judge), you file a motion "to enforce litigant's rights to visitation with child". your local county court clerk can help you out with the paperwork (usually comes in a packet with easy to follow instructions).

this is if there is an existing order allowing you visitation with your child and you have low funds. otherwise, follow the above advice and go talk with a lawyer.

89formula · 08-29-2007, 12:11 PM

Thanks for the advice. I did some research and sent an email to Legal Services of NJ - a nonprofit organization for low income residents. They answered me today, and are willing to help her out - pro-bono, no less.

Thanks again guys

mtnhopper1 · 08-29-2007, 03:40 PM

Quote:

Originally Posted by 89formula

Thanks for the advice. I did some research and sent an email to Legal Services of NJ - a nonprofit organization for low income residents. They answered me today, and are willing to help her out - pro-bono, no less.

Thanks again guys

As one of the aforementioned lawyers, I just saw this thread, and I'm sorry I didn't see it sooner.

For what it's worth, I would have suggested exactly what you say you did above.

I have a friend at Legal Aid in NY, but it looks like you have it covered. Good luck.

PM me if you have any general questions about what is happening. I'm a transactional attorney, so I can't really give you legal advice about the situation, but I have some understanding about how the litigation process works. I'll help if I can.