Legal Question in Family Law in New Jersey

Modification of Visitation

7 months ago, when I moved to TX with my 2 year old daughter, my ex's lawyer attended mediation and wrote up the documents. Ex and I verbally agreed to alternate Christmas visitation but that he would have visits at Christmas time in general every year. Now I am trying to modify to one week at alternate holidays as ex refuses to alternate based on verbal agreement. I cannot find a lawyer and don't want to get walked on again. What do I need to show in court, to show that his is in her best interest? Current visitation schedule disrupts progress in toilet training and getting our daughter to sleep in her own bed. Also, when visiting father, his parents are responsible for actual ''parenting'' while he goes to work and out with friends. In TX she is part of an intact family unit and is very attatched to her step-family. (uncles and grandparents). Ex has also made death threats against me but these were never reported to the police. Father has unlimited calling, but in three months has called once to speak to our daughter and twice to threaten and verbally abuse me. What can I do?


Asked on 12/16/04, 1:13 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Modification of Visitation

Lady...who are you trying to kid?

You went to mediation, there was a lawyer, who "wrote up the documents." You don't say your ex refuses to follow what's agreed to in the documents. The REASON the "documents" are needed is to avoid any misunderstandings from oral agreements. Just follow the written agreement.

This isn't about the best interests of the child, this is about you trying to use the custody/visitation issues as an excuse to keep fighting with your ex.

Would you just stop it, already?

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Answered on 12/23/04, 7:22 pm


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