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Questions Answered by Bari Weinberger
1 Answer | Asked in Child Custody for New Jersey on
Q: If a mother gives up primary custody of her one-year-old how hard would it be for her to get her child back

My wife's mother had just died and she was struggling going through postpartum depression she gave up primary custody of her one-year-old to a friend. Now the friend is refusing to let my wife see her child and she wants to regain custody. How hard would it be for my wife to regain custody of... View More

Bari Weinberger
Bari Weinberger
answered on Feb 12, 2018

Thank you for your question.

If your wife’s friend does not agree to give back custody of her children, she will have to file a motion to modify same. There must be a change of circumstances to warrant a change in custody. Additionally, you must also show that it is in the child’s...
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1 Answer | Asked in Divorce for New Jersey on
Q: what if the dates don’t match on an acknowledgment of service form? Should it be sent in to court like that or redo?

my husband signed with the date he received the papers not the date of signature and the notary signed with the date of signature, can it be amended? Or does he need to do a whole new form again. Will the court accept it like that?

Bari Weinberger
Bari Weinberger
answered on Feb 12, 2018

Thank you for your question. I am happy to assist.

I am not sure as to where the discrepancy you mentioned lies. Generally, there should not be any issues regarding authenticity of signature so long as your Husband and the Notary signed the same day. That would indicate that he was in the...
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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Can text messages be used in dv court in nj to prove im violent and not safe to be around unborn child nj
Bari Weinberger
Bari Weinberger
answered on Feb 13, 2018

Thank you for your question. I am happy to assist.

The basic answer to your question is, yes, text messages can be used in Court. In fact they are commonly used to present a case as it relates to domestic violence hearings. However, they need to be submitted in accordance with Court Rules...
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2 Answers | Asked in Divorce for New Jersey on
Q: Need help with divorce, no money, I am unemployed, husband controls everything. Are there any pro bono lawyers in NJ?

I have been sick and unable to work for several years. Husband pays for everything, and gives me an allowance for sustainment every 2-3 weeks which is my only source of money. I have to depend on him 100% for all my needs. He is well situated with his career and finances which I am not privy of. He... View More

Bari Weinberger
Bari Weinberger
answered on Feb 12, 2018

Thank you for your question. I am happy to assist.

I understand your concern as it relates to marital finances as part of a divorce. The basic answer to your question is, yes, there are services that do assist indigent individuals for litigation,. However, many times you need to qualify...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I'm afraid my child's absent father will demand parenting time in an attempt to avoid/diminish child support.

My child's father is emotionally abusive and I'm certain he will lie about his living/working situation or lie about me to avoid being held accountable. Is it possible to get child support and refuse parenting time on grounds of his consistent absence and past threats of abandonment?

Bari Weinberger
Bari Weinberger
answered on Feb 19, 2018

Thank you for your question.

The short answer is possibly. The final determination of custody and child support will depend on what the Court finds is in the best interest of your child. In its determination, the Court will look at a set of factors, including the fitness of the parents,...
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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: My girlfriend wants to keep the baby but I don’t want to be a part of its life, what are my rights?

I may have gotten my gf pregnant, however there is a possibility that one other guy might be the father. I don’t feel that either of us is ready for a child. She wants to keep it, but I don’t want to be a part of the child’s life. What does it mean to wave my parental rights? Will I have to... View More

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2018

Thank you for your question. I am happy to assist.

I understand your concerns relating to being financially responsible for a child. First, it is critical that you be determined to be the parent of the child. This is generally established by the signing of a certificate of parentage or via...
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1 Answer | Asked in Child Support for New Jersey on
Q: Non custodial parent owes back child support to the state of NJ, and to custodial parent. Who gets his tax return?

My daughter's father owes about $16,000 in back child support. He owes the state a little over $9000, and he owes me about $6,000. I took him off child support about a year ago, but I kept the arrears in place. He owes the state agency that money from about 10 years ago, and the $6,000 he owes... View More

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2018

Thank you for your question.

In most cases, the custodial parent claims the child on his or her tax returns, unless there is an agreement or Court Order that states otherwise. I understand that you need answers and need to protect yourself. I strongly encourage you to schedule a...
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1 Answer | Asked in Family Law for New Jersey on
Q: My parenting time has a clause that says my paramour should not be present. Is it limited to overnight stays?
Bari Weinberger
Bari Weinberger
answered on Feb 6, 2018

Thank you for your question.

The short answer is possibly. The final determination depends upon what the exact terms of your agreement states. It would be wise to speak with an experienced family law attorney to get answers to your questions and feel more informed about your situation...
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1 Answer | Asked in Child Custody for Georgia on
Q: My baby Mother lives in the state of Georgia and refuses to let me visit or see my son what do I do or can I do?

My son was born August 15,2017 and haven't seen him since because she won't allow me to

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2018

Thank you for your question. I understand how frustrated you must feel not being able to see your newborn son.

You would need to file an emergent application with the Court. However, depending on which state your baby was born will determine where the application must be filed....
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1 Answer | Asked in Family Law for New Jersey on
Q: my sons father is on probation for marijuana related issues. well he is also an alcoholic and has an opiod addiction.

well he is also an alcoholic and has an opiod addiction.

he also knows when hes getting drug tested so hes stops a few days before. well ive been checking his location on my phone from work and i have noticed that he has been taking our 2 yr old son with him to pick up percocets illegally.... View More

Bari Weinberger
Bari Weinberger
answered on Feb 5, 2018

Thank you for your question. I know how worried you must be about your son’s safety.

The short answer is that the Court is required to determine the best interests of your son and ensure that your son is safe at all times. In New Jersey, in all cases involving the custody of a child,...
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1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get sole custody of my son if I am unemployed?
Bari Weinberger
Bari Weinberger
answered on Feb 5, 2018

Thank you for your question. I know how worried you must be about the custody of your son.

The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both...
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1 Answer | Asked in Child Custody for New Jersey on
Q: My son and I have been raising his two sons from birth. My grandsons are 4yrs and 3yrs old. How can I file for custody
Bari Weinberger
Bari Weinberger
answered on Feb 5, 2018

Thank you for your question. I know how worried you must be about the care and well-being of your grandsons.

The short answer is that in all cases involving custody of children the Court must consider the best interests of the children. As a current caretaker for your grandsons, the Court...
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1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for New Jersey on
Q: How long after domestic violence can I press charges?

Last month I got hit in the eye from drunk boyfriend. I didn’t press charges and he didn’t leave. He is now getting worse and I want him out. Can I go to police for the incident that took place last month?

Bari Weinberger
Bari Weinberger
answered on Feb 2, 2018

Thank you for your question. I am happy to assist.

I understand your concerns relating to pressing charges. It would be wise to speak with a criminal attorney as it relates to pressing charges. In the interim, I suggest filing for a restraining order if the other party’s behaviors are...
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1 Answer | Asked in Child Support for New Jersey on
Q: I have a court order in pa and now my ex filed registration of foreign support in New Jersey. who do I pay
Bari Weinberger
Bari Weinberger
answered on Feb 2, 2018

Thank you for your question. I know how concerned you must be about making sure you pay your court ordered obligations.

The short answer is that more information is needed in order to answer your question. Was the original court ordered obligation to be paid through a specific...
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1 Answer | Asked in Child Support for New Jersey on
Q: If a judgement against parent A is in place, owed to parent B, can parent B suggest child support be paid w/CS funds?

sorry-typo, very stressed out. Can parent B suggest JUDGEMENT be paid w/CS funds?

Bari Weinberger
Bari Weinberger
answered on Feb 2, 2018

Thank you for your question. I know how concerned you must be about the payment of the judgment owed to you.

The short answer is that more information is needed in order to best answer your question. What kind of judgment is entered against Parent A? Exactly what type of “CS” funds...
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3 Answers | Asked in Child Custody for New Jersey on
Q: I am the custodial parent of my son , can I take him out of the country without the fathers permission ?
Bari Weinberger
Bari Weinberger
answered on Feb 5, 2018

Thank you for your question. I know how worried you must be about traveling out of the country with your son.

The short answer is that more information is needed. What type of custody do you have? Custody is comprised of both “legal” and “physical” custody. Depending upon the...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I have sole legal and residential custody of my child.

Even though DCP&P is involved with my child's father due to drug use and past domestic violence towards myself and my oldest son I am being forced to remain in contact with him. He has yet to have met any directives from DCP&P and the judge continues to disregard their requests. Is... View More

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2018

Thank you for your question. I know how worried you must be about the custody of your child.

The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both...
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2 Answers | Asked in Child Support for New Jersey on
Q: How do I remove a CS order for a 14 year old for the reason of it being a hassle to deal with the other parent and not

worth the stress for$50 a week? I want the order removed from the NJ CS system, and would like to know a good reason they would grant this? I understand past due support will still need to be paid. I lowered as much as possible but he still doesnt pay and not worth my time as he doesnt like to work... View More

Bari Weinberger
Bari Weinberger
answered on Feb 1, 2018

Thank you for your question. I am happy to assist.

I understand your concerns relating to child support. Child support is based on a number of factors, however, both parents have an obligation to contribute support towards their children. Regardless of the communication issues you have,...
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1 Answer | Asked in Child Support for New Jersey on
Q: What happens if another man sign birth certificate and child given his name and now after 12 years the mother

Is now saying the child is your and going to take you to court for child support

Bari Weinberger
Bari Weinberger
answered on Jan 30, 2018

Thank you for your question. I understand how worried you must be about being claimed as potential father to a child who has been raised by another man for many years.

In New Jersey in all cases regarding the care and custody of children, the Court must always determine what is in the...
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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I am the custodial person of my son , does this mean I have full custody of him ?

I want to know if I have full custody of my son , I put his father on child support , put he haven’t given me a penny and he wants to see the baby. I don’t want him to see the baby, can I do so if I am the custodial person of my son ?

Bari Weinberger
Bari Weinberger
answered on Jan 30, 2018

Thank you for your question. I understand how worried you must be about the care and well-being of your son.

The short answer is possibly. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised...
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