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Questions Answered by Richard Diamond
1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Why after 7 years of being a fit mother and filing half a dozen times for joint custody, I still don't have it?

award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More

Richard Diamond
Richard Diamond
answered on Feb 16, 2024

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

2 Answers | Asked in Family Law for New Jersey on
Q: If we did a pre-nup doc but just signed it ourselves (as a couple, no lawyer/notary), can we get it notarized later on?

We live in New Jersey and got married there. Before the wedding we (couple) created our own document and signed it ourselves but had no lawyer/notary involved.

Now to register the wedding in another country (one of us is not a US citizen so we wanted to register in both) the other country... View More

Richard Diamond
Richard Diamond
answered on Feb 15, 2024

I understand the question and the short answer is that you can try to find a notary that is willing to sign the document acknowledging your respective signatures. If you and your spouse talk with the notary and acknowledge that the signatures affixed to the document are your signatures, the notary... View More

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1 Answer | Asked in Family Law for New Jersey on
Q: hi. i have family judge, threatened me against use of new evidence, has found everyway do quell my new evidence, delayed

Currently ignoring filed motions that contain new evidence of plaintiff perjury, njdcpp ethics, falsification of medical documents, more. Judge knows this evidence destroys the case against me and her judgement. promised she was not going to hear it. Can I compel judge to hear my motions and see my... View More

Richard Diamond
Richard Diamond
answered on Feb 12, 2024

Not necessarily and it does not mean that the judge is wrong or that the appellate division will reverse the courts actions. When a matter is filed in the court system, parties are obligated to file / serve specific discovery requests and those requests for information MUST be produced to the other... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I have a court order with date till I have to file answer for a divorce, can I ask the court for extention ?

I have dead line for answer for my divorce case but I need more time.

Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj

Richard Diamond
Richard Diamond
answered on Jan 30, 2024

If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for New Jersey on
Q: My dad kicked me out of the house at 17 but won't let me proceed with adult measures. What do I do?

I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

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

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

Its improper to offer money in exchange for the dismissal of a dv restraining order. If he is acknowledging that he did something wrong, agreeing to put in place appropriate civil restraints to bar all contact and communications moving forward and he is offering to give you money to relocate and to... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

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

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: The court order and the transcript contain conflicting information

The court order does not specify that I am required to cover insurance premiums or extracurricular activities for the children. However, the court transcript indicates that the judge mentioned I need to bear these expenses. The other party has now filed a motion asking me to pay the bills. Is this... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

If the transcript of the court proceeding contains specific items that the judge told you to take care of, but it appears that he forgot to include those items in his order, presume that he will take the position that the transcript controls and then he will correct his order to reflect those... View More

1 Answer | Asked in Family Law for New Jersey on
Q: can i sue my legal guardian for emotional abuse and neglect when i turn 18?

I have ample evidence such as videos photos I have documents, proving that he left me home alone for 10 months and then he doesn’t buy food. Cps had to get me a bed, buy me clothes and food because he did not want to. I also have family biological family to testify on my behalf I just can’t... View More

Richard Diamond
Richard Diamond
answered on Jan 23, 2024

I dont know what county you live in, but each county offers free counseling services for teens to help cope with an abusive home setting. I would start with the counseling services and during your counseling, you can start to explore options available to you to redress your guardian's... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

Richard Diamond
Richard Diamond
answered on Jan 22, 2024

Need additional information to be able to answer the question. You state that you are obligated to pay your ex 75,000 but you never told us what the 75,000 was for? Buy out of your ex's interest in the marital home, your retirement account, but out of your alimony obligation or for some other... View More

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: could moving to a different state and changing the custody schedule be construed as child abandonment.

current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.

Richard Diamond
Richard Diamond
answered on Jan 7, 2024

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

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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: I asked my Grandma for help with a rehab program that costs $30k - she told me to ask the Power of Attorney.

Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?

Richard Diamond
Richard Diamond
answered on Jan 5, 2024

Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More

1 Answer | Asked in Domestic Violence for New Jersey on
Q: Someone said they're going to go to cops with fake threats of theft and abuse

Someone I know has said they're going to lie to the cops about me stealing stuff then lie about me hurting them is there a way to prevent this before she does

Richard Diamond
Richard Diamond
answered on Jan 4, 2024

Best advice is to stay as far away as possible from this person now and forever. If you go to the police and make a report as to the threat, then the police will probably reach out to this person, who may or may not have planned to contact the police. As a result of being contacted, this person may... View More

3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court.

Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation...
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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Who pays for child's health insurance after the child is emancipated in New Jersey?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even... View More

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: To file motion to terminate child support in NJ, do you do so in the county where you divorced or where you reside now?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

The county where the divorce judgment was entered.

Make sure you use the correct docket number on all pleadings filed and make sure that you send a duplicate copy of your application to your former spouse at the same time that you file with the court and make sure that you have proof of...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More

Richard Diamond
Richard Diamond
answered on Dec 28, 2023

Your understanding of the decision in Kayahan is wrong. In that matter, the court said:

When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.

You are not...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?

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Richard Diamond
Richard Diamond
answered on Dec 28, 2023

The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation... View More

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1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

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