Legal Question in Family Law in New Jersey

Re: Visitation Rights in 17 Years

Dear Inquirer:

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http://www.CaliforniaDivorceAttorney.com

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that since you all have apparently left NY, and since the kids have presumably lived in NJ for at least 6 months, NJ would probably have jurisdiction under the UCCJEA. In California (where I practice only) your son would no longer be a minor child and you could contact him directly. I don't know if NJ is 18, 19, 21. I'm quite sure you will need to modify the visitation order with regard to your 17-ish year old daughter. Contact a NJ family law attorney in the county where your wife and kids reside.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Visitation Rights in 17 Years

Since your son is over 18, he is an adult (assuming NJ and NY have the same rules as CA), so there's no problem with you contacting him directly. If you do know how to reach him, you could just call him. If you don't know how, you might hire a private investigator.

Regarding your daughter, try calling her mother first, to see if she will have any objection to your contacting her. If she doesn't agree, then you might have to start a court action in NJ to get visitation.

Re: Visitation Rights in 17 Years

Please be advised that I have not been retained to represent you and I am basing my response on the limited amount of information supplied. However, I am an attorney in New Jersey. In New Jersey and in New York (where you have the Order in place) your son is considered emancipated under the law and the family court nor your ex-wife has any authority to prevent you from contacting your son directly. On the other hand, your daughter is still under the protection of her mother and the family Court has authority to dictate visitation, support and custody. In order to better advise you on how to proceed with your wish to visit your daughter, I would need more information on the terms of the visitation order in New York, what has taken place with your effort to see your daughter over the past 16 and 1/2 years, were there any further court actions or agreements entered into, is there or was there any order barring you from seeing her, what has your wife done to prevent you from seeing your daughter and were her actions legal? Be advised that in New Jersey, when dealing with custody, visitation and other children's issues, the Courts use a standard called the "best interest of the child" Since there are so many factors unknown to me, I cannot provide with advice on which you should rely without learning more. If you wish to contact me, I can be reached at 908-537-7975.

Re: Visitation Rights in 17 Years

Your query is silent about your efforts,did u make any attempt in last 16 years and 6 months to see your children, Your query cannot be answered unless these facts are furnished and mde clear.Please also write about your attemps, if any and if so thier out come. Did u apply to court during that period?