Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More

I understand your frustration but there are pieces to this story that are missing and the best advice I can give you is to sit down with an experienced divorce lawyer to review the history of the court orders entered in your matter and review the certifications filed in support of your requests and... View More

In order to file for a modification or change to a preexisting custody order, the moving party needs to demonstrate that circumstances have changed since the prior order and that the current custody/parenting time schedule is no longer in the child's best interests. Depending on the facts and... View More

You need to meet with a social service worker from the county where you lived while living with your dad to find out what resources are available to you for healthcare, schooling, housing, etc to be able to finish school and for the baby's benefit. I would also talk with the father of your... View More

Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe, contesting such an issue is certainly possible but succeeding in same depends on a getting more parenting time could be possible, however this would be based upon a... View More

You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More

Both parents / guardians for a child live in NJ and share physical custody of the child equally and now 1 parent / guardian wants to relocate out of state and change the custody / parenting time plan - does the other parent / guardian agree to the other parent / guardian moving out of state and if... View More

Thank you for your question. As a general rule, a parent cannot move out of the state with a child unless both parties agree in writing or the parent is authorized to move out of the State by the Court. Relocation is a very fact-sensitive question and I highly recommend that you schedule a... View More

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing... View More

The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More

Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More

I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More

First question: where is your daughter in this equation?

Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?

As grandparents, you can try and talk with your former son in law and tell him that you are willing to... View More

The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.

Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are... View More

There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of... View More