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Criminal Charges Visitiation Bergen County Family Law Joseph C. Noto

Family Law attorney, Joseph C. Noto, wants his blog viewers to know that there was a recent court ruling regairding visitation rights of a parent when there were crimial charges pending againt it. InĀ 20-2-2358 S.M. v. K.M., App. Div. (Koblitz, J.A.D.) (10 pp.) the court granted leave to appeal from an order preventing a father in a pending divorce case from having any contact with his two children until the criminal charges against him, involving an allegation that he pointed a BB gun at his son, are resolved. It reversed and remanded for a hearing before the Family Part judge at which the prosecutor, criminal defense attorney and two family lawyers may be heard. The court said that itĀ relied on Rule 5:12-6 and AOC Directive 03-09, which control visitation decision-making when an abuse and neglect case is being heard in the Family Part while a parent has criminal charges pending. Joseph Noto said this is a very intesting case and family law and divorce lawyers should know about this when dealing with visitation rights of a parent.