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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: Can I lose a child custody battle just because I use medical marijuana to sleep at night?
Leonard R. Boyer
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answered on Oct 14, 2018

It could certainly be an issue, but an in person consultation would be required to determine that. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: In recovery with 2 children. They reside with their grandparent who limits me to 8 hours/wk. How can I get them back?

If no DYFS has been involved or any legal issues what can I do? I have been devastated and trying to get my children back but their grandparent is limiting me to 2 days a week for only a few hours with them. Faithfully I have been going for 6 months now even with a 2 hours bus commute and I'd... View More

Adam Brown
Adam Brown
answered on Aug 29, 2018

Very much of the answer depends on the court order. I do think you have recourse, however, a lawyer will need more information about the case. If there is a court order, you need to show a substantial change of circumstances affecting the welfare of your children to modify the order.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I lived in Hackensack, NJ and I've been married for 5 years with 1 child who is 4 years.

I wan to move to FL with my son but the father is against it. Would i be able to find a lawyer that is $250 per hour with $3,500 retainer? It seems everyone i have seem is almost $400 with 5k retainer.

Leonard R. Boyer
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answered on Aug 27, 2018

Attorneys cannot quote fees on Justia. But what you are asking is going to be on the low side per hour and for the retainer. You should never chose an attorney based on anything other than expertise and experience. While I recognize that you have a budget, you have to realize that you only get one... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: My court order regarding child custody says I need to address factor 8 under NJSA 9:2c. 7. What does this mean?
Bari Weinberger
Bari Weinberger
answered on Aug 31, 2018

Thank you for your question.

I would need more information to better advise you on your situation. I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary actions needed to take place pursuant to the Court Order....
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1 Answer | Asked in Child Custody for New Jersey on
Q: If I file for sole custody and have a court date can the other parent take the kids from me before court date?
Bari Weinberger
Bari Weinberger
answered on Aug 22, 2018

Thank you for your question.

I will not be able to give you a more definitive answer without knowing more about your case. I strongly encourage you to schedule a consultation with an experienced family law attorney.

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Ex-wife feels I should pay 1/2 amount for kids camp excluding her discount.

my ex-wife and I share joint custody of the children. I and she agreed to 50/50 extracurricular and summer camp activities. Both of us fell on some hard times and neither one of us could afford full camp. She worked very hard to get discounts. They run about 75% off of the fees for camp. I recently... View More

Leonard R. Boyer
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answered on Aug 7, 2018

The cost of camp, with the discount, should be split equally between both parties.

1 Answer | Asked in Child Custody for New Jersey on
Q: My wife and I will be going to be getting an uncontested divorce soon and we will still be living under the same roof

We have one child and will be looking for joint physical and legal custody. Do we need to set a schedule if we don’t want one or need one

Bari Weinberger
Bari Weinberger
answered on Jul 30, 2018

Thank you for your question.

It is best to schedule a parenting time schedule so all parties are on the same page, however, many parties agree to keep visitation open and liberal.

I hope this information was helpful to you.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My father has temporary custody through dcp&p. If I let the case close can I apply for custody in another state

My father has temporary custody of my 2 minor sons due to an open dcp & p case for a family in need of services. The case was opened due to my wifes drug use. Her and I have since separated. If I allow the case to close can I then apply for custody in another state. I just want to know my... View More

Leonard R. Boyer
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answered on Jul 19, 2018

You cannot possibly handle this matter on your own. You cannot move out of NJ with your children, unless you have a Court Order granting you permission. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial... View More

1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: I owned a home with my husband that was under forclosure. My husband separated from me and left the home.

However, leaving me and his twins in the home. A man from a realestate came to the home oneday and what a coincidence my husband drove up at the same time. The man asked me if I wanted to do a cash for keyes for the home. I asked for his business card and told him i'd let him know. I always... View More

Leonard R. Boyer
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answered on Jul 1, 2018

Your situation needs to be handled by an experienced foreclosure defense and matrimonial attorney. An in person consultation and document review is necessary. There are too many possibilities to speculate as to who this man may have been.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I live in a different state from my child. How can I see my child more her father won't allow her to visit me?

I live in Texas and my child is in New Jersey.

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

There's really not enough information to provide you with an adequate answer. However, assuming New Jersey has jurisdiction, you should consult with a family law attorney. The attorney will interview you and gather all the facts necessary and provide you with the best option(s). You'll... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for New Jersey on
Q: Are there any strong laws to prevent Parental Alienation and what is the legal recourse to counter it in the U.S. ?

My wife and her parents virtually abducted my minor daughters into Edison, New Jersey 3 months ago, against children's wishes, and blocked all communication access for me with the children. I live outside the U.S. now. As a victim of parental alienation, what legal recourse can I take to... View More

Leon Matchin
PREMIUM
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answered on Jun 3, 2018

There is no doubt you will need an attorney in New Jersey to file papers for you to protect your rights. This is a common thing but very complicated and difficult to navigate even if you were here but being abroad makes it virtually impossible for you to get anything done without an experienced... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In family court for custody cases, how far back does hair follicle testing go ? NJ
Bari Weinberger
Bari Weinberger
answered on Jun 11, 2018

Thank you for your question. I know how worried you must be about any potential drug test.

The short answer is that it is hard to predict. Each test is different depending upon the parameters of the test. What substances are being tested? How long is the hair sample? It is important...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: precedents to use for o N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20

What are the best precedents to use for

Application of reconsideration of post- judgement in Arbitration ( divorce case state of NJ).

In accordance with the Rules of the Court, pursuant to N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20

Leonard R. Boyer
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answered on May 30, 2018

You need to retain an experienced matrimonial attorney. No one will do free legal research for you. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: can a mother move a child out of state
Leonard R. Boyer
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answered on May 23, 2018

Yes, however the standard to move out of state has changed drastically as a result of a recent landmark case. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have recently regained sole custody. Does my child support terminate automatically or do I need to file a motion?

DCPP removed my son from me and he was placed temporarily in the custody of the state of NJ. I was reunified on Monday 5/14/18 and regained the sole custody I had prior to the DCPP involvement. I had been ordered to pay the state child support and I was paying it. However they are still looking... View More

Bari Weinberger
Bari Weinberger
answered on May 25, 2018

Thank you for your question.

Yes, in order to terminate or modify the child support order, you have to file an application with the Court. In order to do so, you have to show that there has been a change in circumstances for same, which is the change in custody in your case. I strongly...
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1 Answer | Asked in Child Custody for New Jersey on
Q: I am about to attend a custody hearing and I read that a judge will determine the best interest of the child to make

their decision. Am I allowed to bring people who can be witnesses about my fitness to care for my son?

Leonard R. Boyer
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answered on May 18, 2018

Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my boyfriend have the judge remove order of me not being able to be around his daughter ?

He was granted full custody of his daughter but she’s not able to be around me due to us having a few fallouts during the process

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

Your boyfriend can retain counsel to bring the proper motion before the Court. But the Court is likely to require an investigation by the CP&P. Child Protection and Permanency is New Jersey's child protection and child welfare agency within the New Jersey Department of Children and... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Hi.a divorced mother of 3 minor kids would like to take her kids on vacation to her homeland overseas .

THEY HAVE A COURT THIS WEEK TO DECIDE ON THIS MATTER.HE CLAIMED THAT SHE WOULD TAKE THE KIDS AND STAY FOR GOOD..CAN SHE PROVE TO COURT THAT SHE WOULD COME BACK WITH KIDS?

Bari Weinberger
Bari Weinberger
answered on May 10, 2018

Thank you for your question.

If someone is traveling abroad and they are seeking permission to do same, it would be wise to provide the Court with the itinerary showing that there is a planned return. This would indicate to the Court that tickets have been purchased for the children to...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint custody with my ex who is posting videos of my kids on his social media for commercial gain. Can i stop him

I have joint legal custody and I am the residential parent. My ex is a deadbeat - no job, no money. Now he is posting outrageous videos of himself and my two kids ( ages 7 and 8) where he is misbehaving in stores, trespassing on pvt property, etc. He is posting these videos on his profile to get... View More

Leonard R. Boyer
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answered on May 4, 2018

You need to retain an experienced matrimonial attorney who can bring an appropriate motion before the Court to solve both of your problems with your ex-husband. He is endangering the welfare of the children by what he is doing.

Under New Jersey state law, it is assumed that regular contact...
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1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Aunt has custody hearing. Judge dismisses w/prejudice because of foster care pending fg matter for adoption. What to do

What further action can aunt take before this fg matter. Does she have a chance in appeals process?

Bari Weinberger
Bari Weinberger
answered on May 10, 2018

Thank you for your question. I know how worried you must be about the custody and adoption hearing.

The short answer is that you should immediately contact an experienced family law lawyer. Interested parties have the right to petition the court in the “FG” or guardianship hearing...
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