Get free answers to your Child Custody legal questions from lawyers in your area.
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answered on Jan 9, 2018
You need to provide more information before a meaningful answer can be supplied to you.
I have 2 part-time jobs. My child's father works 1 job (he makes more than me) & lives with a relative. I initiated a $$ agreement last year as I got tired of him repeatedly failing to co-parent like we agreed after her birth (he's never established a relationship nor paid for her... View More 
answered on Jan 10, 2018
Yes you can. Both parents are responsible for child support. Contact an attorney. He'll file a motion, your case information statement and the child support guidelines on your behalf. The court will apply the child support guidelines, determine his financial responsibility, and issue an... View More
My ex has failed to comply with our Parenting Plan that was worked out, through the courts, with a mediator. Yet SHE filed a "Motion to Modify" the plan, claiming "the mediator isnt working", even though SHE is the only one not following any of the plan. Can I file a... View More
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answered on Jan 5, 2018
No, you need to file responsive pleadings and then a cross-motion. 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... View More
Son is 16. I found out he existed when he was 14. We established paternity in court but she has physical and im assuming full custody of him. I live 3 hrs away from him and see him only on holidays and a few weekends when im able to go get him otherwise i wont see him. (she wont ever bring him to... View More
answered on Jan 3, 2018
Thank you for your question and I would be happy to assist. I understand your concern especially in light of the fact that your child may be leaving the country. Generally, both parents need to consent to any moves or travel outside the State of New Jersey. If you believe that this is going to... View More
Marital Settlement Agreement that says exe needs to "maintain equivalent health coverage for kids"
He pays 100% of premiums. I pay first $250 of actual expenses incurred per child (3 kids), and then we split costs after $250 54% (him) and 46% (me) and we split actual costs, can... View More
answered on Jan 17, 2018
Need more facts in order to provide a meaningful answer. But you should know that most health insurance plans are provided though employers/private companies and outside the control of employees. He's probably justified in making the switch to a PPO given the anti-competitiveness in health... View More
I have and have had residential custody in N.J. of my to girls for scene 2010. They are allowed to go to see their mother in GA. For the summer. This last summer their mother tried to have my oldest daughter committed to a mental health hospital claiming she was suicidal in an attempt to keep them... View More
answered on Jan 6, 2018
You would have to adduce facts that would convince the court that your current parenting arrangement is not in the best interest of your daughter. Doing so will likely be difficult since the court will need to evaluate your case based on several factors. For example, the age of your daughter, the... View More
I still take care of her as my own daughter and she looks at me as her father but now I want actual legal connection to her, is there anything I can do as far as adoption or otherwise to make that happen?
answered on Jan 17, 2018
If you were with her since birth until she was eight then you are likely to be deemed her psychological father by the court. It's important to your foster child's well-being that you stay in her life. You should contact an attorney to help you.
Do I have to be the one taking him back n forth to see her or shouldn't she make the effort to see him. She trying take me to court because I don't bring him to her but always welcomed her to visit him but she feel as tho she don't want to come to my area and she don't want... View More
answered on Jan 10, 2018
No, not unless there's a court order giving them her the right. N.J.S.A. 9:2-7.1, requires that grandparents make an application to the court before they can have visitation rights. The application must prove that visitation is in the best interests of the child (which, from what you've... View More
I plan on enlisting in the military. Was told since I’m a single parent i have to give up custody. If i was to want to give custody to a relative can i do so or would the child have to go directly to the other parent ?
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answered on Dec 28, 2017
The other parent would have the primary right to custody. Only a Court Order can change that. 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... View More
answered on Jan 6, 2018
If you have joint custody in the form of a court order there should already be a parenting agreement in place. Pick-ups and drop-off schedules are typically included in these agreements. If your agreement doesn't define the pick-up and drop-off schedule you should file a motion with the... View More
answered on Jan 7, 2018
Tough to answer without additional facts. In general, if you object to your daughter being relocated outside of NJ without your consent, bear in mind that NJ has full jurisdiction over the matter (not the custodial parent) and will consider several best-interest of the child factors when deciding... View More
My ex (never married) is a Felon for child endangerment and aggravated assault. My son has lived with me for two years and his father hasn't seen him or spoke with him once in the last 7 months. Now he's demanding to have him over night at his place ( which I deem unstable because the... View More
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answered on Jan 11, 2018
No, you go out an retain an experienced matrimonial 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 good so... View More
The mother of my son recently attempted suicide... I don’t think she’s taking her mental health treatment seriously, and she allows her mother to drink and watch our son while she drinks
answered on Dec 21, 2017
Unless something has been done to you, a TRO is not appropriate. Involving Child Prevention and Permanency should be called if you suspect neglect or danger to a child.
My husband filed for divorce yesterday so I have not been served. He TOLD me I could not leave the state to visit family for the holidays in PA. Can he do that?
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answered on Dec 20, 2017
You will need to retain an experienced matrimonial attorney to obtain a Court Order allowing you to do so, just to be on the safe side. You also need to retain the attorney to represent your interests in the divorce case. Do not let geographic restrictions get in the way of retaining the best... View More
The mother is withholding their 5 year old daughter from him because she's demanding more money. How can he get his paternal rights so he can take her to court and get an official support order? She uses their daughter as a bargaining chip and when she doesn't get her way, she won't... View More
answered on Jan 17, 2018
Financial support of children and parenting time are unrelated. Your husband's ex-wife is not permitted to link the two together and make demands. Even though you say the child was born and lives in PA, your husband has rights. You should consult an attorney.
We were all supposed to move but She moved with them without me,the breakup was a result of this and left me behind,I took care of my kids 90% of the time since birth(6 and 4) while she pursued her career,I've sacrificed jobs and my own income by her request in order for our kids to be taken... View More
answered on Dec 18, 2017
Thank you for your question. I am sorry you are going through such a worrying and difficult time. The short answer is ‘yes,' you can see your children and you could get custody or parenting time. There are many different custody options -- including joint legal custody, sole legal and... View More
Their father is in and out of jail and across the county my aunt has the kids currently and can't handle them due to her age and wants me and my wife to adopt through kinship is this a fairly straight forward case
answered on Jan 17, 2018
Custody cases are rarely 'straight forward'. You'll need to retain a family law attorney to file an application for change of custody and argue the case for you.
This is all due to an argument and is trying to threaten myself and my wife. Also, can he force his own personal phone to be required in my house?
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answered on Dec 16, 2017
You really need to have an in person consultation with an experienced matrimonial attorney to straighten out this degenerating situation. 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... View More
I will be going to DYFS court, can they take me off of child support and give me the money being held by the courts since their mother isn't getting the money
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answered on Dec 10, 2017
That is not how things work, there is no DYFS and no DYFS Court. There is family Court and with an experienced matrimonial attorney this matter can be rectified.
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answered on Dec 10, 2017
Child support and visitation have nothing to do with each other. You can ask for supervised visitation, and seek the advice of a child psychologist to work on rebuilding your relationship with the children. I have walked in your shoes and it is not a good feeling. My children are all in their 30s... View More
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