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Questions Answered by Bari Weinberger
1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is trying to take custody of his child does it count if he gave up his rights via text message? Im in NJ
Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

1 Answer | Asked in Family Law for New Jersey on
Q: My daughter-in-law said she doesn't like me and won't let me see my granddaughter. What can I do?

I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.

Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.

The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children. There...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: My son had custody of my teenaged grandson. He gave him to us to raise. How do I get the support payment

SO the boy was having a bad time with the step mother. His biological mothe risn't in the picture she threw him and his Dad out when he was 3 months old. Her grandmother pays support to keep her out of jail as she refuses to pay. I don't want to sue my son as he has rare genetic cancers and lupus,... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 2, 2019

Thank you for your question. Raising your teenage grandson while your adult son also has medical issues is a lot to handle at once. However, it’s not likely you will be able to have support paid directly to you and eliminate your son’s involvement without going to court. You will need a... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Can I get money back from child support after I find out the child's not mine ?
Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

Thank you for your question; I am sorry you had to pay child support for a child that is not yours. The answer is “Yes” you can. However, the application has to be made in the procedurally correct manner, with proof as to the child not being yours. The mother needs to be served. I strongly... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: I share Joint Custody of my two children. Oldest child is 15 wants to live with me due to hostile environment

My almost 16 yr old wants to live with me and feels unsafe there due to emotional and mental abusing behaviors of her Father. I need to know how to proceed. Would she be able to still attend her school and live with me? He has gotten worse in his behaviors over the years. My oldest seems to get the... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

Thank you for your question. To obtain a change in residential custody, you must first demonstrate that there has been a change in circumstances from the last time custody was addressed (i.e., the last court order or agreement). It sounds like your circumstances may qualify. It is imperative... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If you have signed a Consent Order in lieu of a hearing (alimony nj) how long does it take a Judge to sign it?
Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 15, 2019

Thank you for your question. It sounds like you have a really difficult situation with a co-parent who does not want to co-parent with you. I am not sure what your November 1st Court appearance is for or how that came about but it sounds like the other party is not acting in your daughter’s... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: I pay child support on time every week. But, the mother is always asking for more money. Do I have to give it to her ?

We have joint residential custody. At the time of our hearing, about 10 years ago, I was making more money. Now, she makes more and has her own business. I still pay child support and go half with her on everything else. Camp, clothes, birthday’s, I pay the medical bill, etc. when, my kids are... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2019

Thank you for your question. To answer your question the answer is no. You don’t have to give her more money than the child support unless your agreement with her addresses equal contribution for extracurricular activities and other expenses such as medical expenses. I recommend for you to meet... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: i want to divorce my husband. We have a baby girl 5 months. Should i just leave to my parents house.

His parents have a lot of money and im afraid they will try and take my baby. Should i just leave and go live with my parents and then get a lawyer. New Jersey

Bari Weinberger
Bari Weinberger answered on Sep 4, 2019

Thank you for your question. Going through a divorce can be a stressful and emotional process, especially when children are involved. With regard to your fear of your husband’s parents trying to take your daughter, they likely would not have the standing to do so, as court’s generally do not... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My Wife for 24 years wants a divorce. She worked for the first 4 years of our marriage and recently for 3 years.

I have been the bread winner for entire marriage and have built up a significant savings while married. While I expect to give a percentage of my salary for alimony and savings, she is asking for 50% of all our assets including savings and 40% of my salary. She is willing to compromise and we... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 27, 2019

Thank you for the opportunity to respond to your question. Unfortunately it cannot be answered without more specific information.

Generally, in the context of equitable distribution, anything that is legally or beneficially acquired during the term of the marriage regardless of whose...
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2 Answers | Asked in Child Support for New Jersey on
Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 23, 2019

Thank you for the opportunity to respond to your question. First I am not quite clear because you state that there is no set amount you are supposed to pay, but yet you state that you were backed up and they took your tax return. Such acts generally do not happen unless there is an order in place... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: Keeping the marital home as a joint asset after divorce.

My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 14, 2019

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: If we file for uncontested divorce in NJ online, and one spouse changes their mind to contested, do we then need attorn
Bari Weinberger
Bari Weinberger answered on Aug 12, 2019

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Bari Weinberger
Bari Weinberger answered on Jul 31, 2019

Thank you for your question. I would suggest that you may need to talk to the bank through which you are attempting to refinance. Often times, in my experience, a bank will require both parties to sign something, even if one is not legally an owner. You may also wish to have an attorney draft a... Read more »

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