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Questions Answered by William N. Sosis
1 Answer | Asked in Divorce for New Jersey on
Q: I am getting a divorce in New Jersey. How do I file?

Do I walk into the courthouse and ask for papers or is there a website where I download the forms?

William N. Sosis
William N. Sosis
answered on Jan 22, 2018

Yes, there's a website. You can find it by searching for the NJ Self-Help Resource Center. However, if what you're embarking in is an adversarial divorce, there's children, or even limited assets you will need a lawyer. If you skimp on getting a lawyer it may be worse in the end.... View More

1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: I want to know how can a minor get emancipated from his parents
William N. Sosis
William N. Sosis
answered on Jan 20, 2018

If you're a minor in New Jersey you must have moved "beyond the sphere of influence" of both parents. This means the court must first find that you're responsible, independent, able-bodied, not attending school, not on public assistance, not in need of financial support, no... View More

1 Answer | Asked in Child Support for New Jersey on
Q: child support order in NY, kid lives in NJ and non-custodial parent in MI

the court order issued in NY stopped couple of months ago when my daughter turned 21. She is in college in Europe;NY agency told me the case is closed and cant be reopened cause she is 21. Can I open another case in NJ where we are living now? Do I have a chance to continue to get child support?

William N. Sosis
William N. Sosis
answered on Jan 18, 2018

No. NY has jurisdiction over the child support order. Besides, NJ now terminates child support at age 19. And, even though she's in college it's now a fait acompli and you should've made an application long ago. It's also unlikely a court will extend child support for an... View More

1 Answer | Asked in Contracts for New Jersey on
Q: We live in NJ, and we got married 7/18/15 (2 years and 4 months ago) the photographer never sent us our photos

We have a written contract and proof that we paid her $750 (she was also 2 hours late the day of our wedding) she just got there right when the ceremony was starting, so she didn't take any photos while we were getting ready. She's been promising us our photos for over 2 years, never... View More

William N. Sosis
William N. Sosis
answered on Jan 18, 2018

Sounds like you might have a good case for consumer fraud. Get an attorney to file a complaint. The NJ consumer fraud act (CFA) is excellent and permits plaintiffs to collect treble damages including recovery of attorney fees. The purpose of the CFA is to stop unfair business practices like... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: The house I rent is not safe. The windows don't open and they don't have locks on them. I'm afraid it may have asbestos

Is there someplace I could call or somebody that can check this out?

William N. Sosis
William N. Sosis
answered on Jan 18, 2018

Your landlord is responsible for correcting, among other things, structural, safety and fire hazards. Write him/her a certified mail return receipt requested letter request that the hazards be corrected or you will be paying to have them professionally correct and deducting the cost from your... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My kids mom wants to move thousands of miles away. Can she do that even though im obviously opposed to it?

My sons three and we live in NJ. Me and her were never a couple or married or anything to that extent. In lack for better words,Things happen. We are civil with each other and have never gone through court for anything. Now she wants to go to MO or AR. She wants to move out there ever since her bf... View More

William N. Sosis
William N. Sosis
answered on Jan 18, 2018

You'll need to challenge the relocation in court. If there's a parenting time agreement the relocation might be in violation of your agreement. But regardless, as a non-custodial parent you should file a motion asking the court to prohibit her relocating your son outside NJ. The court... View More

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I have a restraining order against someone and he made a status regarding what went down, is he violating the order?

He used the word you and your boyfriend and talked about how he has to go to court because of us. But he never used my name. But he said the details of what happened that day in his status on Facebook.

William N. Sosis
William N. Sosis
answered on Jan 18, 2018

Violating the order requires a violation of the specific terms and conditions listed in the order. If he hasn't violated any of those conditions then there's no violation of the order. A Facebook posting without listing your name is not defamatory and probably too vague to be considered... View More

4 Answers | Asked in Domestic Violence for New Jersey on
Q: If you are accused of domestic violence what kind of proof does the other person have to have?
William N. Sosis
William N. Sosis
answered on Jan 18, 2018

It requires the lowest standard of "proof" there is. The court can slap you with a final restraining order (FRO) based on even flimsy allegations. An FRO can stay with you for years and the consequences are usually dire. It shouldn't be this way but unfortunately it is. If... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My cousin passed away and her 2 children have never met their father how do I get full custody

Their father is in and out of jail and across the county my aunt has the kids currently and can't handle them due to her age and wants me and my wife to adopt through kinship is this a fairly straight forward case

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Custody cases are rarely 'straight forward'. You'll need to retain a family law attorney to file an application for change of custody and argue the case for you.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: I have been taking care of my foster child sense she was born, she is now 8 years old and have been adopted by her aunt

I still take care of her as my own daughter and she looks at me as her father but now I want actual legal connection to her, is there anything I can do as far as adoption or otherwise to make that happen?

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

If you were with her since birth until she was eight then you are likely to be deemed her psychological father by the court. It's important to your foster child's well-being that you stay in her life. You should contact an attorney to help you.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My husband's ex refuses to sign paternity acknowledgement papers. They have no formal support/custody order in place.

The mother is withholding their 5 year old daughter from him because she's demanding more money. How can he get his paternal rights so he can take her to court and get an official support order? She uses their daughter as a bargaining chip and when she doesn't get her way, she won't... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Financial support of children and parenting time are unrelated. Your husband's ex-wife is not permitted to link the two together and make demands. Even though you say the child was born and lives in PA, your husband has rights. You should consult an attorney.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My partner has 2 kids with his ex-wife. We are not married & have a baby together can she use my income for child supp?

She is asking for more money, he pays $800 also pays for their health insurance; we are not married and have a 1 year old and she was added to his insurance. His ex is married and lives with her new husband, house is under his name.

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Maybe in California but not if you live in NJ. Your income shouldn't be factored into the analysis. The only impact your income can have in NJ is reduce some of the expenses he's allowed to report in his case information statement. If his ex-wife has already filed a motion you should... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Exe needs to maintain "equivalent health coverage" for kids. Can he switched from PPO (no deduct) to POS (high deduct)?

Marital Settlement Agreement that says exe needs to "maintain equivalent health coverage for kids"

He pays 100% of premiums. I pay first $250 of actual expenses incurred per child (3 kids), and then we split costs after $250 54% (him) and 46% (me) and we split actual costs, can... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Need more facts in order to provide a meaningful answer. But you should know that most health insurance plans are provided though employers/private companies and outside the control of employees. He's probably justified in making the switch to a PPO given the anti-competitiveness in health... View More

1 Answer | Asked in Family Law, Child Custody and Education Law for New Jersey on
Q: Do I have to wait until I graduate highschool to move with my grandmom.

I am 18. And my mom keeps saying I can’t leave because I am in highschool and I don’t graduate until next year. She claims it’s a new law. She also stated if I were to call the cops and have a cop escort me out that they wouldn’t be able to because she has legal rights until I finish school.

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Provided you have no disability that prevents you from understanding your legal rights, you can move out at 18 (but you cannot consume any alcohol until you're 21). But you and your mom should seek family counseling first. Also talk to your grandmother before leaving home. She may be able to... View More

1 Answer | Asked in Family Law for New Jersey on
Q: I relocated from NJ to GA IN 2015, I left my son who was 5 at the time with his father. During the time of my absence

The father received full custody of our son and went on to give joint custody to his girlfriend. I was naive to what was happening. So it looks like I abandoned my son and willingly let them take all my rights away. In 2017 the father was murder in his home where my son was residing. Since his... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

You should consider getting legal representation instead of representing yourself. Custody cases can be complex and you need to be familiar with the court system, how to navigate it, file papers, and understand several court rules. If you try calling the court, they will not provide you with... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My son is 18 and a freshman in college.He lives predominately with his father. Can i move out of state?
William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Generally, the New Jersey Supreme Court says non-custodial parents are free to leave the state. It's your right to travel. If the father tries to prevent it, the trial court is required to do its best to accommodate you (not just consider the best interest of your adult child). But you should... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My child’s father refused to sign a BC or see her. Now he’s hired a lawyer for our hearing, shld I get 1 too?
William N. Sosis
William N. Sosis
answered on Jan 16, 2018

Yes you should. You're likely to be at a disadvantage.

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I have sole physical and legal custody of my daughter. Can I go on vacation to another country?
William N. Sosis
William N. Sosis
answered on Jan 16, 2018

Check what your parenting time agreement says. When you travel outside the country you generally need the consent of the other parent and authorization of the minor child's passport. If the non-custodial doesn't want the child traveling outside the country he may file a motion against... View More

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: My kids no longer want to go to their dad’s house every other weekend.

My kids are 16 and 10 and they don’t want to go to their dad’s house every other weekend anymore. He is my ex-husband and it’s court order visitation every other weekend. They are uncomfortable there due to the yelling of the step-mom, their dad drinking all the time and the parties they... View More

William N. Sosis
William N. Sosis
answered on Jan 16, 2018

You're expected to encourage children to have access to both parents. It's their right. On a motion from their father the court may find you in violation if the judge determines you're interfering with their parenting time. This is all too common and many judges are tired of it. If... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Can I get child support for my 6yr old daughter even if I live at home w/ family who helps pay for her/me?

I have 2 part-time jobs. My child's father works 1 job (he makes more than me) & lives with a relative. I initiated a $$ agreement last year as I got tired of him repeatedly failing to co-parent like we agreed after her birth (he's never established a relationship nor paid for her... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Yes you can. Both parents are responsible for child support. Contact an attorney. He'll file a motion, your case information statement and the child support guidelines on your behalf. The court will apply the child support guidelines, determine his financial responsibility, and issue an... View More

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