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Corbett v. Corbett

March 3, 2009

SHAWN CORBETT, PLAINTIFF-APPELLANT,
v.
ROSA CORBETT, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FD-12-521-08D.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: February 11, 2009

Before Judges Axelrad and Lihotz.

Plaintiff, Shawn Corbett, who is incarcerated, appeals from the Family Part's December 5, 2007 order*fn1 denying his motion for visitation with his four-and-one-half-year-old twins without the benefit of a hearing. We affirm.

The following facts were set forth in plaintiff's verified complaint for visitation that he filed around November 30, 2007. He and defendant were married at the time his twin sons were born in July 2003. Defendant has not allowed him to see his sons since he was arrested on August 28, 2003.*fn2 Defendant is the custodial guardian of the children, residing in Piscataway. Plaintiff is incarcerated at South Woods State Prison in Bridgeton (Cumberland County). Plaintiff alleges he has "bonded" with his sons "prior to . . . and during his incarceration;" they know he is their father; he has maintained contact with them by letters and occasional phone calls when they are at his parents' house in Highland Park pursuant to court-ordered visitation subsequent to June 2005; and he has been "supportive" of them on birthdays and holidays such as Christmas and has managed to send them gifts, greeting cards and money with the assistance of his parents.

Plaintiff's complaint contained the further following allegations regarding his unsuccessful attempts at visitation:

FOURTH COUNT

3. Since Petitioner's incarceration the Defendant has made a diligent attempt to cease all communication with him.

4. Defendant had received a Restraining Order against the Petitioner, but [] advised his parents that she . . . withdrew the said Restraining Order, and would not allow the Petitioner to see his children until he was released from prison.

6. On or about August 2005, the Petitioner's mother-in-law and the Defendant advised the Petitioner's parents to instruct the Petitioner to place the Defendant and her mother on his visitor's list, when he was housed at Northern State Prison, located in Newark . . . to discuss visitation arrangements between him and his twin son[]s. However, the Defendant nor her mother [] made themselves available for a visit.

7. Petitioner's parents assured the Defendant that Visitation[]s with the Plaintiff-Petitioner and his twin sons would be conducted under safe and secure conditions.

8. Plaintiff-Petitioner's father and mother, are more than willing to bring his minor sons to visit ...


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