Legal Question in Family Law in New Jersey

My fiance and I have a 2 yr old child. He has a 12 yr old from another marriage and I have a 8 yr old. I have joint custody of my daughter. We are both in the process of divorce. He is having trouble with custody and recently made an agreement through a mediator. To make a long story short the agreement says he gets his daughter from 4 to 7 on xmas. His ex wife is demanding that my 8 year old not be there when his daughter comes over. I have an agreement that my daughter depends Christmas at our house. Her lawyer and my fiance lawyer want him to agree to this. My question is how can they tell me I can't have my child at my house? Is this even legal? I feel my rights are being violated.&

Asked on 12/25/13, 4:32 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

First of all, I question why this was not resolved a long time ago, Here we are on Christmas morning trying to figure out where the children will spend their day? This is unfair to them and the adults (the parties and the lawyers) should have done what is necessary to avoid this argument today.

As to the main question, this has nothing to do with "rights". It has to do with what is in the best interest of the children. For whatever reason, there appears to be some belief, on the part of your fiance's wife and her lawyer, that it is not in the best interest of her daughter to be in the presence of your daughter. This issue goes far beyond whether the children are spending Christmas together. What about the long term? If the two of you are getting married, will this be a longer term issue? You and your fiance need to have a serious conversation with his lawyer about what the custody/parenting time situation will be for the molded family so that a plan can be put together in the best interest of all of the children.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner


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Answered on 12/25/13, 5:29 am

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