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New Jersey Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: At what point is it considered abandonment of a child in the state of New Jersey? Ex failed to follow order.

My ex was granted joint custody making him the primary parent of residency. We have 50/50 parenting time. Since that order has been in effect as of July 2017, he has had inconsistent visits and eventually stopped all contact with the children, it has been 17 weeks. He has sent numerous emails... View More

Leonard R. Boyer
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answered on Mar 17, 2018

You need to retain an experienced matrimonial attorney to file the appropriate legal pleadings. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can i cancel a child support order that i filed for?

I live in NJ and filled for child support. The ncp and i have both received a letter for our first court hearing which will take place two weeks from now. However, we have now made a private agreement and i was wondering how i have to go about canceling this motion? Can i call and close the child... View More

Leonard R. Boyer
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answered on Mar 15, 2018

What you need to do, in order to handle this matter properly is to retain an experienced matrimonial attorney to turn your private agreement into a Consent Order that will be signed by both sides and submitted to the Judge for his approval and signature. Otherwise you are looking for more problems... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: question on NJ CS hearings??

my mother has physical custody of my child (i live with my mother). legal custody is with my ex and I. We were married but have not divorced yet. there is no CS order in place. my ex receives TANF benefits, and stated my child lived with her. i was put on child support and ordered to pay back the... View More

Leonard R. Boyer
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answered on Mar 17, 2018

Your situation requires an in person consultation with an experienced matrimonial attorney.

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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Parent time is now three homes in 1 county and my last order is in 2nd county. Where do I amend my old support order?

Son is with his step dad for 1/3 of time who filed for custody with my support in Salem county. My last order was 10 years ago in Burlington county which is where I still reside. Which county do I file in to amend old order and terminate child support?

Leonard R. Boyer
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answered on Mar 17, 2018

You should retain an experienced matrimonial attorney and file in Burlington County. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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2 Answers | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: How do I get child custody and support out of my divorce papers? I can not take ex to court unless I do.

Edited:. When I got a divorce support and custody is part of out divorce papers not separate. I was told in order to take my ex to court I have to pull custody and child support out of my divorce. Before I can take him to court. I know the steps on filing a motion to take action, but I can't... View More

Elena K. Weitz
Elena K. Weitz
answered on Mar 15, 2018

I'm not exactly clear on your question. I think you are asking how to get your ex to pay child support and medical expenses. In order to have your ex pay child support and medical costs you would have to file a motion to the court to get an order stating that he must pay. You should... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My ex kicked out 16 year old son out. I filed for emergency custody and got it. Do I need a lawyer for court.

My son wants to live with me. My ex wrote a letter stating she doesn’t want to give up custody. He’s enrolled in school here now. She’s “kicked him out” 3 tines in the past month but the last time is when she called me to get him. I don’t know if I should bring a lawyer. What are the... View More

Elena K. Weitz
Elena K. Weitz
answered on Mar 12, 2018

A change in custody can be a complicated legal proceeding. Your son’s wishes are only one of many factors the court will consider when determining whether a change in custody is appropriate; there are a number of factors which the court must consider in awarding a parent custody and to change... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: Does anyone know about intensive reunification programs ? Stable Paths or Transitioning Families?

I was accused of Parental alienation and the court appointed therapist told the judge that my family needed intense treatment. He recommended Stable Paths which had a location in florida and Mass. My kids went to the one outside of Boston. It was the worst experience for them and it didn't... View More

Bari Weinberger
Bari Weinberger
answered on Mar 16, 2018

Thank you for your question. I know how worried you must be about the court ordered reunification therapy.

I personally have no experience with either of those intensive reunification programs. I would suggest however that you contact the Attorney General in Massachusetts who might be...
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1 Answer | Asked in Child Custody for New Jersey on
Q: I am non custodial parent who wants to take my kids back due to abandonment. He left them with his 2nd ex Wife.

I was told my a lawyer in Texas and one I Jersey that I can just go down there and take them. I am scared to death because I don't want charges brought up against me. But he left in April 2017 and moved out. Left the kids with his ex wife n after their divorce in Jan 2018 my kids still reside... View More

Bari Weinberger
Bari Weinberger
answered on Mar 16, 2018

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

The short answer is possibly and you should immediately contact an experienced family law lawyer. In New Jersey, an emergency application called an order to show cause can be filed requiring...
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3 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: If the other party is breaking a court order, does that give me freedom not to honor my end of the agreement?

I have a court order stating the defendant must pay $500.00 per month in child support and I have to bring my daughter back to New Jersey once a month for visitation purposes. It was a relocation case and I was honored the relocation to Florida under those circumstances. The defendant has not paid... View More

Elena K. Weitz
Elena K. Weitz
answered on Mar 7, 2018

I understand you have a difficult situation and I’m sure it’s frustrating that you are obeying the court order and the other parent is not. However, yes, you must still follow the court order, even if the other party is not. If the other party is not following the court order than you can make... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Parenting schedule is 50/50. In NJ when the child reaches 18 and still in high school can child not follow court order?

When the child turns 18 and still in high school with a court ordered 50/50 parenting scheduled; can the child no longer follow the parenting schedule while still in high school. What happens to the child support that is being payed based on 50/50 and the child now making decisions like this.

Bari Weinberger
Bari Weinberger
answered on Mar 6, 2018

Thank you for your question. I know how worried you must be about the parenting time order for your child who is turning 18.

The short answer is that the parenting time and child support order can be changed if a court finds a significant change in circumstances. In New Jersey, in all...
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1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for New Jersey on
Q: How to meet my child? I got divorce 6 years back and now I came back to US. They are residing in NJ. I am in IL.

I, my wife and our only kid came to US in 2010 on my work visa. We lived here for few months and she called up 911 for DV abuse. There were no charges against me as I did nothing wrong. However, she left home with our child. I went to my country back tried all means to be in touch with them via... View More

Bari Weinberger
Bari Weinberger
answered on Mar 8, 2018

Thank you for your question.

I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there...
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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: My ex wife leaving on vacation and said she would leave 6 year old daughter with a friend if I can't take care of her.

We have joint custody. If I can't take care of her then can I object her leaving her with a friend.

Bari Weinberger
Bari Weinberger
answered on Mar 6, 2018

Thank you for your question. I know how worried you must be about who will care for your daughter while her mother is on vacation.

The short answer is possibly. Specifically, more information is needed. Do you and your ex-wife mother share joint legal custody of your daughter? What...
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1 Answer | Asked in Child Custody for New Jersey on
Q: My daughter lives with me her mother in New Jersey I wanted to do joint custody with her aunt

As of now no one has custody of my daughter she lives with me her mother and New Jersey but I would like her to go to school in Virginia with her aunt her father is not involved at all what do I have to do to start the process and do you think I could have everything done by June

Bari Weinberger
Bari Weinberger
answered on Mar 6, 2018

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

The short answer is that you and your daughter’s aunt need to file a complaint for custody of your daughter but service of the complaint needs to be made on her father. In New Jersey, in...
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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If I have cancelled child support payments due to reconcilliation is the child custody order still in place?
Bari Weinberger
Bari Weinberger
answered on Feb 28, 2018

Thank you for your question. I know how worried you must be about your child support case.

The short answer is possibly. Generally, the order must be vacated by a Judge in the county that entered the Court order. There are various processes and procedures in each county to...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What is the posibilities that my daughters father get to live with baby every other week.. can judge do that
Elena K. Weitz
Elena K. Weitz
answered on Feb 23, 2018

A judge can order a 50/50 parenting time schedule, which is a schedule for equal time between the parents. Do you have any more details that you can provide which you think would effect this kind of schedule?

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: My daughter's mom has violently and verbally attacked me several times.

I happened to catch about 30 mins on AUDIO. It's all in front of the baby. You can hear when she hits me the baby cries at that very moment. I ask her to stop hitting me. She also throws my phone at me and it hit the wall and put a hole in the wall. If I bring the audio to the police is that... View More

Bari Weinberger
Bari Weinberger
answered on Feb 28, 2018

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

The short answer is to immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of...
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3 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?

For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... View More

Valerie Hemhauser
Valerie Hemhauser
answered on Feb 26, 2018

It's always best to try to work out the issue directly with the other parent. If so, the terms of the new custodial agreement need to be made into a Consent Order and filed with the court. This way the terms will be enforceable if a future issue arises. It you are unable to obtain consent... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Will I be arrested if my 12 year old brother wants to live with me against parent’s wishes, if they’re neglecting him?

Parents getting a divorce. 12 year old brother is without health insurance or medical care. Has multiple learning disabilities and severe ADHD but not under medical care. He is being held back in school for failure and is suspended multiple times a month. Parents are using him against each other to... View More

Bari Weinberger
Bari Weinberger
answered on Mar 6, 2018

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

The short answer is to immediately contact an experienced family law lawyer. If you feel your brother is being neglected or abused there is a confidential 24 hotline where you can...
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1 Answer | Asked in Child Custody for New Jersey on
Q: Say if my 15 year old daughter had a 18 year old boyfriend could he get custody of her?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2018

Are you really serious? On Fantasy Island, that would not be possible, let alone in any state in the United States.

1 Answer | Asked in Child Custody for New Jersey on
Q: If I were to take my child’s father to court in order to get full legal custody. Will the judge ask how did we meet?
Elena K. Weitz
Elena K. Weitz
answered on Feb 19, 2018

Most likely they will not ask this unless it’s somehow relevant to custody.

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