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New Jersey Child Custody Questions & Answers
3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have been the only caregiver of my 6 month old daughter and now her father wants overnight visits 2hrs away is it alwd

I raise and have been the only caregiver for my 6 month old daughter. Her father lives out of state 2 hours away and he has not spent time with her to know and bond with her. He filed court papers but I fear the safety of my child leaving the only caregiver and environment she knows overnight. We... View More

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

Try relaxing. The court will decide correctly based on the child's best interest and fairness to both parents. This is what family court judges do and they do it very well. Taking the high moral ground, histrionics, and disparaging the child's father doesn't work unless you have... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If a non biological father has been granted joint custody of a child, can the mother seek child support?
Leonard R. Boyer
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answered on Jan 24, 2018

Yes, she should be able to do so, what is the status of the biological father ?

1 Answer | Asked in Child Custody for New Jersey on
Q: Can my ex take me back to court for more time with the girls if I have sole custody? If so will he get it?

I have sole custody of my children my ex and I settled out of court. Our original schedule per our agreement that he has Friday to Saturday 6:30-6:30 every other weekend and dinner Wednesday night.this was his choice what he wanted. He now does every other Friday to Sunday and dinner Wednesday... View More

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

Yes, he can take you to court. Circumstances and schedules change in life and courts often make changes to prior agreements when properly petitioned. As far as "will he get it" goes, lawyers aren't fortunetellers or have Ouija boards that can predict the outcome of a case. If you... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: What is the process for a change in venue for a custody hearing?

My children's mother works in the courthouse as cleaning staff (employed by the county). She has talked to everyone that works there about our case. I asked for a change in venue and was told it still has to go before the judge and he will decide if the venue has to be changed Is this correct?

Elena K. Weitz
Elena K. Weitz
answered on Jan 24, 2018

You would need a court order to change venue. The legal requirements for a change in venue can be complicated, so you should consult with an attorney to discuss this.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Can my child's father evict me?

We've been living in the apartment for 2 years. I'm not on the lease but we do share joint residential custody for this apartment

Leonard R. Boyer
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answered on Jan 22, 2018

You can share joint residential custody of a child, not an apartment.

1 Answer | Asked in Family Law, Adoption and Child Custody for New Jersey on
Q: Im the one that asked about the emancipation so say if my parents dont want to sign it what else can i do?
William N. Sosis
William N. Sosis
answered on Jan 22, 2018

Your parents have a constitutional right to make decisions about you. If they're just acting in your best interest and you just don't like it, you should reconsider what you're trying to do and the shame you might bring them. If you already thought this through carefully, try... 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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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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1 Answer | Asked in Child Custody for New Jersey on
Q: My parent had temporary custody of my child and now she passed Away so now what happens?

I agreed with my one parent to have temporary custody of my child for a short period of time and the court signed ok to it. Now my parent had passed away so now what happens with my custody?

Leonard R. Boyer
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answered on Jan 16, 2018

Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put it charitably. You need an in person consultation with an experienced matrimonial attorney, who can review all previous legal proceedings and documents. Then the attorney will be able to advise you... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Are there options of free legal assistance for family court / child support cases in NJ?
Bari Weinberger
Bari Weinberger
answered on Jan 17, 2018

You should contact your local courthouse and ask for assistance. They can give you contact information for legal aid and/or pro bono attorneys.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: He barely works, has no place to live & has assaulted me in the past (PD report) shld I mention at our hearing?

Can an attorney come in his absence?

Leonard R. Boyer
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answered on Jan 16, 2018

What hearing are you talking about? Significantly more information is required to answer your question in a meaningful fashion.

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

1 Answer | Asked in Child Custody for New Jersey on
Q: Child custody and communication

My fiancé has 2 children with his ex girlfriend. He pays his child support, but there’s really nothing legally in place regarding visitation, etc. She has not let him see his kids in over 6 months because she accuses him of choosing me over them. Due to her immaturity and lack of talking about... View More

Leonard R. Boyer
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answered on Jan 14, 2018

Your finance will have to retain counsel and do the communication himself. Both with the ex-girlfriend and the children.

Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put it charitably. You need an in person consultation with an experienced...
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1 Answer | Asked in Child Custody for New Jersey on
Q: How can I (30 years old) get custody of my 12 year old sister?

My father and ex-stepmother are in the mist of a custody battle for mt 12 year old sister. The problem is that they are both manipulating her and neither are good or even decent parents. One is an extreme narcissist who has given his only son PTSD and the other is a jobless and depressed lump that... View More

Leonard R. Boyer
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answered on Jan 14, 2018

Despite your very noble intentions and the good cause you have for seeking to do this, the odds are not in your favor. You will need to retain the best matrimonial (family law) attorney that you can afford. The Court will require a plenary hearing, which for all intents and purposes will be a trial... 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 Child Custody for New Jersey on
Q: My ex husband has three weekends a month with our son who is now 11. He won’t allow him to play with friends or sports.

How can I help my son, he wants to go to games and is invited places with friends on the weekends.. my ex will not speak to me or email me or text me. He won’t agree to mediation or counseling. My son is suffering and doesn’t want to go there my ex says his time with my son is more valuable... View More

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

You need to file a motion with the court pleading your case and asking for relief.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Will I get sole custody of my daughter due to his mental illness and past behavior?

Never married and due to the toxic environment created in the past 3 years I made the decision to move out with my daughter. We made an agreement that he can pick her up from school 2 days a week and every other weekend (same weekends he gets his other 2 boys for visitation). Diagnosed with... View More

Leonard R. Boyer
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answered on Jan 10, 2018

No one can predict for certain what a Judge will do. If you have the right "admissible evidence", then you should get primary residential custody with full decision making authority and he should have nothing more than supervised visitation. However, this matter may require a plenary... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: My child is turning 12 in April can they decide where they want to live in the State of NJ?

My child has requested to speak with the Judge 2 years ago and was denied due to age, the child is adamant about living with father fulltime due to CP-mom being verbally abusive with Parental Alienation, will the Judge listen to child now? And will the child be able to decide where they would like... View More

William N. Sosis
William N. Sosis
answered on Jan 9, 2018

NJ Family court doesn't appreciate parents who use children as pawns before, during, or after a divorce/separation. Parental alienation happens too often because one parent wants to gain a financial leverage over the other parent, punish the other parent, or for some other wrongful reason(s).... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: If the court orders that a mother gets full custody of a child and the father gets 2 hours supervised visits once a week

and then the mother lets the father have more unsupervised visits can she get in trouble?

Leonard R. Boyer
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answered on Jan 9, 2018

While it is possible, it is not likely to happen.

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