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Questions Answered by Paul J. Riviere
1 Answer | Asked in Child Custody, Family Law and Child Support for New Jersey on
Q: Can a father voluntary give up his parental rights in NJ, giving sole custody to the mother, if both parties agree?

Can the father give up his rights prior to the child being born if both parties agree and mother does not need financial assistance of any kind? The parties are not married and are no longer in a relationship. The father has not been involved or shown any interest in being involved in the... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Without someone waiting to step into the father's shoes and adopt the child, the father cannot just walk away from his legal ties to the child or his obligation to pay child support. However, with the help of an attorney the parties can have a Consent Order prepared giving the mother sole... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Am I required to request permission from the court to relocate out of state if minor child was born/raised elsewhere?

Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Either you need need to seek permission from the Court, unless you have written permission from the other parent in order to move out of State. Get a lawyer to secure the proper permission.

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: If someone said you had a tazer and they didn’t find one upon your arrest can they convict you?

If that person was your partner and wants to drop all charges even the state picks it up how long will it takes for you too see your partner after they want to dismiss charges on you?

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

No one can be convicted until they plea guilty or a jury or judge finds them guilty. Sounds like the State's only witness is one that doesn't want to testify against you. In my opinion unless a police officer observed you with the weapon, the State doesn't have much a case. You and... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I signed a 1 yr lease on a NJhome for occupancy May 1st, security deposits cashed. LL now states she has new offer

LL states she has new offer for $3000/yr more & 2 yr contract. I signed for advertised price. Is this legal to void my lease after our signed contract? LL is a real estate agent/owner of property

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Absent an agreement in the Lease to the contrary, a Tenant is entitled to an award for damages upon breach of the Landlord duty to deliver possession and also has the right to terminate the Lease. Talk to an attorney. Question really boils down to are you willing to pay money for an attorney and if... Read more »

1 Answer | Asked in Business Law, Contracts and Consumer Law for New Jersey on
Q: I feel a small used car company intentionally made changes to a contract without my knowing. I want to know if its Legal

I was on the phone with car insurance when they had my girlfriend sign papers that I was unaware of. I asked for a copy of the papers and they told me they would email the papers to me. When I received the paperwork, my name was crossed out as owner and my girlfriends name was written in. On the... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Put simply, if someone signs a contract without the party’s consent, the party is not bound by that signature or document because the signature does not manifest the intent to be bound by it. Talk a lawyer about your transaction.

3 Answers | Asked in Probate for New Jersey on
Q: What are my rights, under NJ probate law, as a beneficiary to get inheritance check from executor?

My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... Read more »

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

Within 60 days of the date of probate, an executor is required to mail a written notice to all named beneficiaries stating that the will was probated, so the executor ran afoul of this requirement by your account of the matter. The deceased person’s spouse, heirs and next of kin also are entitled... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Q: Can I leave my assets to my [non-existing] grandchildren, i.e. in perpetuity either through trust and/or will?
Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

A grandparent whose will names grandchildren as beneficiaries can add a similar provision referring to future grandchildren. However, if part of that estate is real property the rule against perpetuity comes into play. Speak to a lawyer and work through an estate plan that fits your needs.

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2 Answers | Asked in Legal Malpractice for New Jersey on
Q: My lawyer misrepresented his abilities to handle family law. I am financially struggling and cant get a new one. Help.

For every question, email or text I am billed. When I preformed his paralegal work in preparing my own case, I was charged for him reviewing common case law. I can't afford a new large retainer and his mistakes and lack of knowledge are costing me.

Paul J. Riviere
Paul J. Riviere answered on Apr 6, 2018

It is not uncommon for people to change lawyers in the course of their divorce proceedings. If you do not feel comfortable with your current lawyer perhaps that is what you need to do. Get a second opinion. However, the next attorney will bill for their time as well.

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2 Answers | Asked in Business Law, Agricultural Law and Gov & Administrative Law for New Jersey on
Q: Can a Brewpub in NJ sell beer online?

Can a Brewpub in NJ that holds a plenary retail consumption license and restricted brewery license sell beer online via their website?

(N.J.A.C. 13:2-35.1, et seq .) These sales of package goods, however, may only take place from the principal public barroom

Many online services... Read more »

Paul J. Riviere
Paul J. Riviere answered on Nov 20, 2017

No. Only wine. With the the necessary license.

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1 Answer | Asked in Business Law, Gov & Administrative Law and Agricultural Law for New Jersey on
Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?

I am in the process of purchasing a location that holds a plenary retail consumption license and restricted brewery license in NJ

I have a few quick questions I am hoping you can help me with to ensure compliance:

1) Will I be able to sell beer that is brewed by another brewery?... Read more »

Paul J. Riviere
Paul J. Riviere answered on Nov 20, 2017

Plenary Retail Consumption License ("33")?

This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales...
Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: What types of psychological injuries are covered by workers' comp laws?
Paul J. Riviere
Paul J. Riviere answered on Nov 2, 2017

Both accidental injury or an occupational disease resulting from stressful working conditions may be compensable. Generally, the working conditions must be stressful; when viewed objectively, the stressful working conditions must be peculiar (not just common to everyone) to a particular work... Read more »

2 Answers | Asked in Business Law for New Jersey on
Q: My partner made a bad decision on behalf of our business and

now I'm being told I'm personally on the hook for it - is there any way out of this?

Paul J. Riviere
Paul J. Riviere answered on Nov 2, 2017

Depends on your structure. Were you formed as an GP, LP or LLP. If you were a general partner, then yes you may be on the hook. Get in touch with a Lawyer who knows business law. They will be able to look over your structure and governing documents to determine what your exposure is or isn't.

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1 Answer | Asked in Business Law for New Jersey on
Q: How should equity be divided among co-founders of a start-up?
Paul J. Riviere
Paul J. Riviere answered on Oct 20, 2017

Your question is not so much legal and more so a business decision. Perhaps it will be Pro rata to the initial Capital contributions or investment of each stakeholder? Perhaps it will be structured where one partner or member putting up all the cash and the other partner contributing Sweat Equity?... Read more »

3 Answers | Asked in Bankruptcy and Business Law for New Jersey on
Q: So with some consultation beforehand and coming to court with me for this one lawsuit would cost me about $2500?
Paul J. Riviere
Paul J. Riviere answered on Sep 27, 2017

Your question is unanswerable in its current form. Unless your are getting quoted a flat fee for representation in the lawsuit it is impossible to say that it will cost $2500.00. What are you getting sued for? Are experts going to be required? How many parties are involved? Is it in federal court... Read more »

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do I get paid my regular wage while I'm out on workers comp?
Paul J. Riviere
Paul J. Riviere answered on Sep 21, 2017

You will get 70% of your wages if it doesn't go above the cap. You need to have an attorney file a claim petition and possible motion for temp wage benefits if your not already getting them.

2 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: I opened a business with a silent partner. All paper work is in my name. He bought acouple of the equipment we use.

He wants out and doesn't want to be apart of it. Now wants all the money he invested back. Can he cone and take his equipment back that he bought from the property that I lease?

Paul J. Riviere
Paul J. Riviere answered on Sep 19, 2017

One would need more information to appropriately answer your question. How was this business entity formed? How did the silent partner become a partner; through a partnership agreement? What does the partnership agreement state about equipment? The Uniform Partnership Act says that property... Read more »

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1 Answer | Asked in Business Law for New Jersey on
Q: Me and my wife are the only shareholders of C Corporation. Can We issue 1099 misc to us from our company.
Paul J. Riviere
Paul J. Riviere answered on Sep 1, 2017

You can issue 1099's to yourself and your spouse for distributions from the company.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do I have any kind of right to say which doctor I want to go to related to a workers comp claim?

My employer wants to send me to some quack who I don't trust.

Paul J. Riviere
Paul J. Riviere answered on Aug 11, 2017

Under the New Jersey Workers' Compensation law you do not have the right to choose your doctor(s) for a workers' comp injury. Hence, the reason they call it authorized treatment. You can request to see someone else if you feel badly about the doctor you are scheduled to see or are... Read more »

2 Answers | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

I want to re-sell unofficial BTS clothing. BTS (Bangtan Seonyeondan) is a Korean Boy band. They are owned by the Korean record label Big Hit Entertainment, the copyright holding company. Big Hit succesfully copyrighted "BTS" in the US in April. I'm not worried about trademark... Read more »

Paul J. Riviere
Paul J. Riviere answered on Aug 12, 2017

The question is does BTS have a registered trademark in the United States? If so in what classes are they registered as a trademark in the United States? Absent that information, it's hard to give a good comprehensive answer. If they do have the trademark registered in the US then your... Read more »

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3 Answers | Asked in Business Law, Civil Litigation, Bankruptcy and Collections for New Jersey on
Q: not sure which lawyer to choose/subject. my business is being sued for non payment of a business loan & large cc debt

personal mostly cc but a couple of bus and credit lines. Was served court papers for 1 already. How do I follow up with all this? I wanted to declare bankruptcy months ago, but I haven't had any income above what my immediate bills are.

Thanks.

Paul J. Riviere
Paul J. Riviere answered on Jul 18, 2017

You need a business lawyer to restructure outside of bankruptcy or a bankruptcy lawyer to help you file a bankruptcy petition to get the process started. Either of which is going to cost money, however after you hire an attorney to do either of these options I'm sure you will feel that it was... Read more »

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