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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My step mother has temporary guardianship of my child she want to adopt her how can i stop it

She has prevented me from seeing my child for over 2 years due to the fact she dislikes the baby father she is using that I have not attempt to see my child which is a lie ive tred but would never let me see her they live in Oklahoma i moved to Jersey to get my life together I just want my daughter... View More

Bari Weinberger
Bari Weinberger
answered on May 3, 2018

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

The short answer is that more information is needed. What state initially issued the custody/guardianship order? Is the Division of Child Protection and Permanency involved? Have your...
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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: What is the best way to deal with an ex-spouse who is unwilling to give more time with children? We have joint custody.

I've tried to simple ask and she doesn't respond to those requests. I have been to 2 different hearing trying to get more parenting time. Both cases were denied saying they don't see a change that would warrant more time. We were married for 11 years. The courts were really unfair... View More

Bari Weinberger
Bari Weinberger
answered on May 15, 2018

Thank you for your question.

You would need to show that there has been a significant change in circumstances since the parenting time was established and that those changes are in the child’s best interest. We would need more information in order to decipher whether it is in the...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away

I am the custodial parent. The Judge rule the baby was too young

and basically said not until after 3. But didn't rule against a later move.

I have always been quite liberal with visitation and more than court ordered. Plus makeups when my ex travelled.

My question is... View More

Elena K. Weitz
Elena K. Weitz
answered on Apr 18, 2018

The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with... View More

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: Does total compliance count in permanvcy

My son is in permancy state is always been compliance with courts.fosters already have 4

Leonard R. Boyer
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answered on Apr 14, 2018

You have to provide a lot more information and ask a meaningful question.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I have custody of 6 and 4 year old girls thier whole lives the mom isn’t aloud to be alone with them I have never

Received any money from her at all the whole time I have had them she has had dyfs in her life since they were born. We live in New Jersey is it possible for me to petition the court to terminate her rights so that I can legally adopt them

Leonard R. Boyer
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answered on Apr 12, 2018

You have to indicate whether you are in NJ or PA, which is not clear. I cannot address PA law, but given your facts, if true you may be successful. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good... View More

3 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: I’ plan on moving summer 2019. I’m claiming economic reasons for the relocation, NJ is to expensive.

Father has not seen her in 7 months by choice. I don’t share legal custody with father, he was denied joint legal with out prejudice. He also dissolved his court ordered visitation and went into a consent order with me agreeing to supervised visitation. We also never agreed to a fix schedule. He... View More

Leonard R. Boyer
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answered on Apr 10, 2018

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 with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: do i have to answer a Texas request when i live in NJ with the kids since the mother never moved here?

Divorce was final in Texas. Mother signed a paper with me that she was ok with me taking the kids and it was notarized. She never moved here like she told all of us, hasn't paid any child support to me in over 2 and a half years and now serves me. Not sure if i need a Jersey lawyer or Texas... View More

Leonard R. Boyer
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answered on Apr 10, 2018

You live in NJ and the children's home state is NJ if you have lived here one year or more. Based on the facts you stated and this new development, your children will be staying in NJ. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its... View More

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1 Answer | Asked in Child Custody, Child Support, Estate Planning and Family Law for New Jersey on
Q: My parents have temporary custody/guardianship of my kids. Does their estate first benefit the minors in their custody?

My Parents have my 4 kids. Temp guardianship. For financial reasons they don't want to help set me up w a home big enough to fit me and the kids so they stuck me in a dumpy apartment and took my kids by them. They fully support them. Private school camp tutors the whole nine yards. My question... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 10, 2018

More information is needed to determine how the assets would pass. I suggest you set up an appointment with a lawyer. Unfortunately no simple answer exists so a lawyer would need to go over with you several senarios. Expect to pay for the lawyerrs time and advice.

2 Answers | Asked in Child Custody for New Jersey on
Q: I had a child with my ex-boyfriend while still legally married, but now I want my husband involved, not my ex.

My ex-boyfriend and I conceived a child in June 2017 and I gave birth to her in March. My husband and I had a verbal separation agreement while I was in contact with my ex, but we never got legally separated.

I started seeing things in my ex-bf that I didn't like: practicing polygamy... View More

Leonard R. Boyer
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answered on Apr 7, 2018

You will need to look for some type of charitable legal assistance, because you have no chance of winning this type of case without an experienced matrimonial(family law attorney). The biological father's rights, despite what you stated, will not just disappear. You have no idea what type of a... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have equal split custody of my children with there mother, should I still be paying child support? Never married also.
Bari Weinberger
Bari Weinberger
answered on Apr 18, 2018

Thank you for your question.

In New Jersey, the child support amount is based upon a formula known as the Child Support Guidelines. When calculating a child support amount, the guidelines take into consideration your incomes, overnight visitations, health care premium payments and more....
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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... View 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... View 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... View 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 Child Custody and Family Law for New Jersey on
Q: Can my son father add 3 way calls with other family memeber

As per court order my son father is only allow to speak to our son from 5pm till 7pm . But every time he calls he wants to force our son to speak to other family memeber. can he do that?!

Leonard R. Boyer
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answered on Apr 3, 2018

No he cannot do so. You need to consult with an experienced matrimonial attorney to review your Judgment of Divorce and any subsequent legal pleadings. The attorney will then be able to advise you how to best proceed. Pick the best lawyer you can find and remember one rule: a good lawyer is... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have custody. My ex doesn’t work but her husband does. Will child support go by his income as well as mine?

She hasn’t worked in 8 years. She just signed custody of our 16yr old son to me. I was paying $140 a week but she keeps saying she doesn’t work so she can’t afford that. Her husband works and supports her

Leonard R. Boyer
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answered on Mar 31, 2018

Child support is the obligation for the biological parents, not the people they remarry. Income can be attributed to someone who wilfully does not work. This is a situation, which will require the retention of an experienced matrimonial (family law attorney). Do not let geographic restrictions get... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for New Jersey on
Q: Is there a statue of limitations for suing dyfys in nj
Leonard R. Boyer
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answered on Mar 31, 2018

In 2012, New Jersey's Division of Youth and Family Services (DYFS) was officially renamed the Division of Child Protection and Permanency (DCP&P). DCP&P is almost totally immune from lawsuits. If a litigation attorney determined that you did in fact have a viable case, you can expect... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: In NJ If a process server gives a court order to my doorman but I never pick it up or sign for it have I been served??
Leonard R. Boyer
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answered on Mar 28, 2018

It is debatable. Someone would have to search the case law.

1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for New Jersey on
Q: Looking for legal help to know the process of Child custody and visitation rights, child care payments and alimony.

Am Indian and came to US in 2009 on work visa with my wife and 1 yr kid (both Indian). We lived here for about 6 months and I realized that my wife is involved in some other interests and finding ways to stay in US permanently. We got many ups and downs and she tried 911 calls many times just to... View More

Leonard R. Boyer
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answered on Mar 28, 2018

You need to retain an experienced NJ matrimonial (family) law attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my friend leave the father of her child and take her daughter with her against the father's wishes?
Leonard R. Boyer
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answered on Mar 25, 2018

Your friend needs to retain an experienced matrimonial attorney to file the appropriate motion before the Court. But significantly more information is required to obtain an answer.

1 Answer | Asked in Child Custody for New Jersey on
Q: Im a grandparent I have residential custody can child visit SC. and if so what happens if he doesn't return child To NJ

Father in SC wants her to visit for summer

Leonard R. Boyer
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answered on Mar 24, 2018

It is called kidnapping! You should retain an experienced matrimonial (family) to make a Motion to the Court to preclude this from happening. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: if a mother has not had custody of her child for 4 years and got child support what can be done legally
Leonard R. Boyer
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answered on Mar 24, 2018

There is an insufficient factual basis to answer your questions and address your concerns. The only way to handle this problem is with an in person consultation with an experienced matrimonial attorney and a comprehensive review of all legal documents and any other supporting materials. Do not let... View More

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