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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: If I have a restraining order and have emergency custody for 6 months, do I need to follow a holiday parenting time sch?

I have emergency custody of my son and have had for 6 months. I also have a restraining order against the ex. She is allowed to have parenting time but has no parental rights. We do Sunday.. one week on and one week off. She wants to change this for Christmas and I do not. Am I obligated to do so?... View More

Leonard R. Boyer
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answered on Dec 6, 2017

Without knowing more information, I cannot provide meaningful answers.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My friend filing for custody of his daughter, with the mother now, if he files 1st does he keep her until the date?

My friend is filing for custody of his daughter who is 2 months old and currently resides with her mother. Since he's filing first does that mean he's able to keep the baby with him until the court date?

Bari Weinberger
Bari Weinberger
answered on Dec 4, 2017

Hello and thank you for your question. I will hopefully be able to answer you as completely as possible but I do recommend that your friend do meet with a family law attorney in order to receive the best advice possible for his situation.

As far as the law goes in New Jersey, there is no...
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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Do the parents of a child have to go to court if they are not together or have different addresses in New Jersey?

Never married, just dating and chose to break up. Don’t live together and would like to not deal with court if possible.

Bari Weinberger
Bari Weinberger
answered on Nov 30, 2017

Hi and thanks for asking your question. I will do my best to answer you here, but I'm a little unclear as to what you are asking. Hopefully, I'll be able to offer a little bit of assistance. You ask if you and your child's other parent have to go to court if you are not together.... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New Jersey on
Q: What are custody rights of a child's family when mother dies has no will. Divorced father wants to move kids out usa?

Mother committed suicide, parents divorced but father has supported kids $$, family wants to take custody of 11 & 15 (grandparents or aunt) Father wants to move kids out of country but kids want to stay in NJ.

Leonard R. Boyer
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answered on Nov 21, 2017

You really need to retain an experienced matrimonial attorney to handle this matter. Your situation cannot be given a meaningful answer without an in person consultation. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Can a father that has shared legal custody and visitation move to Texas for 3yrs and not tell family court?

He has visitation every other weekend and every Monday and Wednesday 6-830 which he hasn’t been around for his child he then has his mother do it for him. He took a 3yrs tour with the military and told me in 10/31/17 which me being a military brat myself he has had he orders for a while now is... View More

Leonard R. Boyer
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answered on Nov 19, 2017

As long as he did not take the child with him, he certainly can. What he should do from a non-legal standpoint is completely different.

1 Answer | Asked in Child Custody for New Jersey on
Q: any pro bono or CHEAP custody lawyers in Camden County???

I would like to get custody of my daughter. The reason I got secondary custody 2 years ago was because I left my daughter’s father because he abused me physically and emotionally. I was told by police when I was leaving that I couldn’t take my child with me because I had no home of my own and... View More

Leonard R. Boyer
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answered on Nov 18, 2017

Even if you found an attorney, willing to work for free, you won't be able to get the expert medical testimony for free.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I married 9/15 separated within months.I want child support. why the court wants my last yr income when i make less now
Kristofher Beralo
Kristofher Beralo
answered on Nov 20, 2017

The court just want to see what you made last year and would weigh that with what you are making this year. The court wants see your potential earning and see why you are making less now (if it is by choice).

In most cases however, the court will use your current income when they calculate...
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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Can I file for emergency custody in New Jersey if my child is a resident of Missouri?

My childs mother lives in Missouri and I live in New Jersey. We both have joint legal and joint physical custody but her address is for education purposes. She gave me temporary custody due to the fact that she is on drugs and is living in a bad place and can not take care of him. when i picked him... View More

Bari Weinberger
Bari Weinberger
answered on Nov 16, 2017

Hello and thanks for your question. I'm sorry you and your child are going through this very difficult situation. I strongly suggest you go and talk with a family law attorney because more details about your family and your existing court orders is necessary in order to give you specific... View More

1 Answer | Asked in Child Custody and Appeals / Appellate Law for New Jersey on
Q: How can i get return custody of my kids from dcpp if there not adopted yet, even though my right were taken ayear ago ??

I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3... View More

Bari Weinberger
Bari Weinberger
answered on Nov 15, 2017

Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I file for custody in NJ even if we've only lived here for a month or am i forced to file back in FL?

When we lived in NJ for almost 3 years the previous time his father did not come to visit him once in NJ. we have no court issued agreements and he has not even established paternity in FL which is required prior to anything.

Bari Weinberger
Bari Weinberger
answered on Nov 15, 2017

Hello and thanks for asking your question. First off, you are definitely raising some complicated jurisdictional issues that need more exploring and explaining! I'll do my best to answer you generally, here. But, please know that an attorney would need much more detail regarding you and your... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex husband picked up my 16yo from school during my court ordered parenting time...what are my options?

I am PPR. Parenting time is shared 50/50...all court ordered. I had a disagreement with my child out of hurt by something she did. She called her dad to pick her up from school during my parenting time, which he did. I spoke with him and he said she doesn't want to come home and he... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Nov 14, 2017

This type of issue is sensitive. Being that your post is two weeks old, I presume that one way or another it has resolved by now. As a general rule, it is best to try to address these type of teenager issues delicately, by trying to talk it through with your child, while trying to gently remind the... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my ex take me to court to gain primary parent? Do I need permission to move?

I Currently live in the same county as my ex. we co-parent well and have never had to bring the courts into our lives as far as a custody arrangements, we simply just have a paper stating I am primary parent and we have joint custody.However I am looking to move about 1 1/2 - 2 hours away to... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Nov 14, 2017

I strongly suggest you contact a qualified family law attorney for a consultation. This type of move will affect both parents' lives and the child. You will need to all be on the same page before the move takes place, or else you are begging for contested litigation - which could create a... View More

0 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can my daughters mother still take my daughter from me???

My daughters mother wants to take her to live with her, but has nothing..all she has is a apartment with no furtiture. She doesn't have a job and she lives with a brother wanted by law inforcesment. Can she still take her????

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my daughter's mother move her across the country without my consent?

My daughter's (she's two) mother and I were never together. Up until recently, we have gotten along alright. My only problem is that she does not allow me to spend as much time as I would like work my little girl. I've been fighting in court for more time with her as the custody... View More

Bari Weinberger
Bari Weinberger
answered on Oct 25, 2017

Hi and thanks for your question. Sorry to hear you have been struggling with your child's other parent. Although this is not uncommon, it certainly can be difficult for anyone to go through. I'll try to answer you as specifically as I can, but please know that you should consider a... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: If the mother and father live in same state but 2 different counties. Father wants custody, which County should he file.

Currently child lives with mother. They are not married.

Bari Weinberger
Bari Weinberger
answered on Oct 16, 2017

Hello and thanks for your question. You should file for custody in the county where your child is living. If you need further information regarding the process for filing or any other info, consider a consult with an attorney. Many offer free consultations as we do. Hope this helps! Regards, Bari

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My kids don't want to see their dad on his court ordered day. He said he was going to call the cops on them. Can he?
Bari Weinberger
Bari Weinberger
answered on Oct 10, 2017

Good morning and thanks for your question. This, unfortunately is an all too common problem that can be really painful for families going through this. I'll give you my best general advice here and hope this will shed some light. You have stated that your children's dad has a court... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Kids mom is relocating out of state. Plans to take the kids with her. We share custody. What do I need to protect my ...

...my rights. We lived together and we are not married. Court has granted us shared custody.

Bari Weinberger
Bari Weinberger
answered on Oct 9, 2017

Hello and thanks for your question. You indeed have rights and please be rest assured that the court will honor them! I will do my best, here to give you some general advice about relocation, but I would suggest that you go and speak with a family law attorney who can give your really tailored... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: After my child turns 18, Do I have to keep paying for his health care

I been paying for his healthcare due to paying child support

Bari Weinberger
Bari Weinberger
answered on Oct 5, 2017

Hello and thanks for asking your question. I am going to try my best to answer you as completely as possible, here, with the information that you have given me. Please know, however, that an attorney in a consult would have many more questions for you in order that you would receive the most... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Does my wife has the right to tell me when to see or call my child without court involve?

My wife of 4 years took my child without my consent month and a half ago moving at her parents house 50 min away from our home. Since then I signed 2 parental visitations agreements. Last agreement was due on September 24 since then she was not allowing me to speak or see my child. Does she can do... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2017

You really need to retain an experienced matrimonial (divorce) attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What do I file to have my daughters therapist testify in custody case. Where do I file it. I'm in essex co., Nj

I'm pro se in my custody case. I just want to know the legal procedure to have my child's therapist testify in court. And exactly where I would need to go to file the form.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2017

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

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