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DecisionsAppellate Division: Father’s combative demeanor in the Family Court “not extraordinary”

July 31, 2020

The case is Matter of Tanya H. v Dennis H. and the issue surrounds a mother’s petition to modify an order of visitation – which the trial court dismissed. The question concerned whether a change of circumstances was alleged sufficient to warrant a change of the order in the best interests of the child. The trial court found in this case that this was insufficient: father’s refusal to confirm visits in advance (as ordered) and pick up the child from the police precinct.

The trial court held that:

  1. the prior order said that if the father didn’t confirm, the mother could cancel the visit – thus a remedy was already built into that provision, and
  2. that the testimony showed that the father violated the precinct exchange provision based at least in part, upon the mother’s failure to timely bring the child there

The Appellate Division upheld this, noting that the father’s failure to consistently exercise visitation and combative demeanor were not extraordinary and there was no indication that those actions negatively affected the child.

About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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