Messages

To add, the non bio person never supported the child not before the divorce or after, there were never provisions for CS, my wife and I thought is was wrong being that that person was not the father and knew it.

My wife, Child and I are healty, have a great relationship so I have to look at the thing that matter in life and be thankfull.

Thank you very much for your input. I just want to say that the service you provide here is a great resource and greatly appreciated by folks such as my self. I consider the work you do above and beyond, I just can't say enough, but will say again, THANK YOU again.

I have one more thing to ask if you do not mind. I was reading other information here and someone asked about helping out at  lawyers office.

 The following is your responce: ""An attorney must not engage or assist another in the unauthorized practice of law. However, an attorney may supervise another person as long as that person does not provide legal advice, and the attorney stays in close contact with the client and remains personally responsible for the final work product.
"""

I do have a problem, and agree with you completly on the above mentiond statement.

My wife when doing her origional divorce decree was talking with a person who she thought was a layer, this person guided and gave all legal advice through out the divorce writing procedure.

On the day of the court hearing, another person, and actual lawyer from the office came to represent my wife in her divorce. This was the first time she meet this person and said the other person couldn't make it to my wife. The person who gave my now wife all the legal information was not a lawyer at all. Is there anything that I can do to maybe change things from the beginning.

What about changing origional terms of the divorce decree based on this in respect to Lepis v. Lepis in NJ.

Thank you for your reply, but in your one statement

 " and if that's no contact with the bio father, then that's your whole case.""

The thing is the mother and my self who are married and live together with the child  are both the biological parents of the child both in real life and in the courts eyes. The other man has no blood ties with the child what so ever.

Again thank you for your quick responce.

State is NJ

My wife and I have a 6 years old child, we are the bio and legal parents in the states eyes. The child was born while my wife was married to another man. He knew it wasn't his.

The Ex was origionaly on the birth cert but he gave up all rights to the child in court with an amended Divorce decree. Except visitation

As I stated I the bio legal father and married to the bio and legal mother but on the divrce decree between the Ex and my wife there is still visitation. My child, my wife, and myself don't want visitations to happen anylonger.

Can I as the bio legal father motion the court to stop any and all involvment with this other man and my child.

Thank you,
Concerned Father

Sorry for the late reply.

1. Are you the biological dad or not? I don't see where you answered
that as a yes or no?

Yes I am the Bio dad

2. what do you wnat to see happen? Are attached to this kid, IF and ONLY IF you answered NO to #1?

3. What county in NJ?

Middlesex,

4. are you paying CS?

The child lives with me and my wife who are both the BIO parents to the child.

5. Do you have a lawyer?

Not right now, will be looking for one when I get a little better idea of what I am in for

6. How old is this kid?

The child is 6 years old, has know me as her dad from the time she was 1, has lived with me for the past 4 years

Thnks you for your input, and advise for the other board. I will ask my question there also and see wht type of responce I get.
I do agree it's a very odd situation, and am looking for the best way to get out of this without getting the courts upset in the process.

I will monitor the responces here as well as the other place.

Thank you

""Huh! That is a good one. Why on earth was visitation awarded? Are you the biological father or was the ex husband the father and he relinquished his rights to you?""

I am the biological father and am married the  biological mother, the child was born while she was still married and he was on the birth cert but that is all changes am I am the legal father in the eyes of the law.

""If you legally adopted this child and he terminated his rights, he shouldn't have any rights to visitation whatsoever unless that was the agreement you ALL came to. I have heard of that happening before.""

Yes the lawyer that was used said that he had to have visitation rights being that it was in the divorce decree, and said the main thing was to get the child listed as my child in the eyes of the law.

""If the child has never been aquainted with this person and has no knowledge of him, and the Ex doesn't request visitation with the kid, then I would let sleeping dogs lie. If the answer is he does want visitation or has been having visititation with the child, you may want to keep with that in the best interests of the child.""

He has seen the child, he has had visitation with the child. Also it is very visible that the only reason he is even going through any of this is to upset my wife. this has been noted by all who know about this situation.

""That is a wierd situation though I must say. If you answer some of those questions above, I think others can chime in and help you get to the resolution, or at least head you in the right direction on what to do next.""

Yes it is a weird situation; however reading the law and how poorly my wife's original divorce was handled it doesn't surprise me at all. Her EX was never even required to pay child support that the state seems to require at the time of divorce, not that we wanted any but he didn't want to relinquish his rights as a father at the time. The EX finally did release control to me because it was going to be awarded by the court anyway in the long run and opted to save money on that battle.

Either way, I see it as any and all signed and agreed upon legal documents do not have my signature on them at all, being I now do have rights in any and all decisions for the child along with my wife, and her EX has absolutely none. I as the father would like to stop any and all visitations.
Here is an example of just one thing that bothers me, Visitation are every other weekend from Friday @ 1900 through Sunday @ 1300. Now what happens if the child needed medical attention and my wife and I were not reachable? The EX would have no authorization to allow any medical care. I know that is a far-reaching example but one to think about.

If there is anything that is unclear and any additional information need by anyone please let me know and I will answer and promptly as possible.

Thank you

Have a very odd situation. The state is NJ where all of this has and still is happening.

First off, The Mother of the child and I are married and living happily together with the child. The child was born prior to her getting a divorce; at that time I was not legally the parent in the states eyes. After the divorce of my wife and her former husband I was still not awarded parental rights. It was some time latter that the agreement was made between my wife and her former husband to have him relinquish all parental rights and have me shown as the Childs legal and custodial guardian. Now that we have accomplished the most important thing, having the biological child of my wife and I legally ours.

Now there was an adjustment made to the original divorce decree between my wife and her former husband, however due to some reason beyond me (well thinking as the father of the child), visitation is still be awarded the Ex-Husband. Now this person is not biologically affiliated with the child at all, the child is living with her real parents, the child that is 6 ½ years old now has know me as her father from the time she was 1 years old.

Ok now that you have that information I will get on with my question. Now the divorce decree is between my wife and her Ex-husband. According to the decree, the Ex-husband is now basically a court ordered baby sitter. Being that this agreement is between my wife and her Ex-husband can I as the biological, legal & custodial parent stop any and all visitations being I have not made any agreement in regards to visitation with the Ex-husband or courts.

Any advice will be greatly appreciated.