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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a mother take a child away from the father and move out of state? The child has been living with the father in NJ.

They never had a court order, just a verbal agreement to avoid court, mother would visit the son every other weekend, but recently, the mother picked the son up from school without the fathers permission and left to another state to GA. Law enforcement would not do anything prior to her leaving NJ... View More

Bari Weinberger
Bari Weinberger
answered on Sep 28, 2017

Hello and thanks for your question. I'm sorry your friend has found himself in this difficult situation, and right off the bat I'd like to advise that he get to the court to file an emergency application as soon as he can. Even though there was no formal agreement between your friend and... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can a 15 soon to be 16 year old girl chose what parent she wants to live with? In New Jersey

Her father pays child support and it’s supposed to visit her every other weekend but he doesn’t, sometimes he just sends her money and don’t even worry to see her in months, they don’t have a dad-daughter relationship, and i want to move to a different state but he refuses to sign the papers

Bari Weinberger
Bari Weinberger
answered on Sep 21, 2017

Hello and thanks for asking your question, here. I'm sorry to hear that your daughter is not having a great relationship with her dad; I'm sure it's tough on her and the whole family. I can certainly give you some general advice and guidance in response to your question and I hope... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If a kid drops out of school at 17 does child support still have to be paid
Bari Weinberger
Bari Weinberger
answered on Sep 21, 2017

Hello and thanks for your question. Child support can be a little tricky here in New Jersey, but I'll do my best to give you at least some general advice. During a consultation with a family law attorney, more information would be gotten from you such as: how long has the child been out of... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: i currently live in NJ with my son, my whole family lives 45 mins away in PA, can I move back to PA?

I have a 6 year old son whose father used to be a NJ police officer which is why i even originally moved here. He is retired now and i am having another baby by a different father and would like my family to be able to help me with the new baby. They live in PA about 45 mins away. The school... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2017

You need to retain an experienced matrimonial attorney, to bring a Motion before the Court to obtain an Order which will allow you to move to PA. This can be decided by the Court on just a motion, or a full plenary hearing will be required. Pick the best lawyer you can find and remember one rule:... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My twin boys are 13. How many nights can my co-parent leave them home alone while traveling out of state?

My ex-wife has been traveling out of state a lot and leaving the boys with me. She is planning to travel out of state for 4 days, this weekend and she needs coverage for our children while she is gone. She is also planning a vacation to Greece and has asked me to take the boys for 3 straight... View More

Bari Weinberger
Bari Weinberger
answered on Sep 12, 2017

Hi and thanks for your question. Whether or not a child can be left home alone is a question that we frequently get so you are not alone in wondering what the guidelines are in this type of situation. I will do my best to answer you in general terms here on this public forum and hopefully provide... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Is there grandparents rights in nj

My boyfriends parents filed for visit for my 3 year old 2 year old and my 5 month old they are very on heathy people and have made threats

Bari Weinberger
Bari Weinberger
answered on Sep 11, 2017

Hello and thanks for your question. I'm sorry to hear you are having a bit of a tough time with your children's grandparents. Fighting in the family, especially over children, can be really difficult on everyone. First off, I should tell you that your kids' grandparents can indeed... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: if my father get custody of my son, down the road can i take him back to court to get my son home back to me?

my son is in foster care but my father is trying to see if he can get custody. even if my son's foster mom if she gets custody

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2017

You need to have an in person consultation with an experienced matrimonial(family law) attorney. There is no way to answer this question based on one or two sentences. You should not be discussing this situation on line anyway. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can the defendants attorney change the judges court order ?

My ex and I have a court order stating that I pick up our sons for dinner visit every Wednesday from 5:30 p.m. to 7:30 p.m. and I am responsible for all transportation. We had this exchange at her residence plenty of times but due to her non trustworthy manner I had the police involved and in the... View More

Bari Weinberger
Bari Weinberger
answered on Sep 6, 2017

Hello and thanks for your question. I'm sorry that you're having a difficult time with your children's other parent. I'll try my best to give you some general advice on this public forum that is hopefully helpful to you. From what you have written, it appears as though the court... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I want to live with my dad but my mom won't let me how do I take her to court !!!
Bari Weinberger
Bari Weinberger
answered on Sep 1, 2017

Hello, and thanks for asking your question. Seems like you are going through a bit of a difficult time, and I'm sorry to hear that. Having parents separated or divorced is never easy and can be hard on the entire family. I'm not sure exactly how old you are, but I can tell you that... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I never married my daughters father we have no court orders on custody and I don't have him on child support.my daughter

Is two. And been living with me since she was born. He doesn't pay her babysitter nor any of the living expenses. He provides For her when he feels like it. I am moving out of state in a few weeks to Florida I spoke to him to come up with an agreement on visitation he refuses and I need to... View More

Jessica Natasha Mazur
Jessica Natasha Mazur
answered on Aug 31, 2017

If you leave the state he could get a court order forcing you to return to NJ. In cases like this, I'm successful in negotiating a resolution but ultimately the Court will likely be involved. I urge you to try to meet with an attorney before you move.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: If a parent voluntarily tells court to end cs payments in 2014..can she 3 years later get cs from court again?

Also have not seen my child in almost 3 years..can i ask for visits again....

Bari Weinberger
Bari Weinberger
answered on Aug 28, 2017

Hello and thanks for posting your question. I'm so sorry to hear you have not seen your child for nearly three years. That must be extremely difficult. I'll try my best to give you some general advice because it is difficult to be more specific without more details from you. I do not want... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: What are the grounds for sole custody if a parent doesn't exercise their parental rights?

The other parent doesn't contact the child or myself to see how the child is doing on a regular basis Monday- Friday. The only contact he has with the child is the court ordered weekends he's suppose to see him. He doesn't help finically with the child, and majority of the time... View More

Bari Weinberger
Bari Weinberger
answered on Aug 23, 2017

Hello and thanks for asking your question. I'm sorry you are going through a frustrating time with your child's other parent. It is a difficult situation when it seems like a parent just isn't interested in doing more with their child, for sure. Without complete details of your case,... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.

I called, texted and she does not answered.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2017

First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.

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1 Answer | Asked in Child Custody for New Jersey on
Q: There was a court order for physical custody in New Jersey in 2012. The children have lived with me for the past five

Lived with me past five years without support. Does NJ still have jurisdiction.

Bari Weinberger
Bari Weinberger
answered on Aug 10, 2017

Hello and thanks for your question. Jurisdiction can indeed be a tricky area of the law to navigate, here in New Jersey and without looking at your specific court order, it is a little challenging for me to answer you completely. I'd be happy to give you a brief overview, however, in the hopes... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I live in NJ with my children I need to give my sister temp custody but she lives in Oklahoma. What can I do?

I live in NJ with my children, father has not shown his face in 5 yrs I need to go to rehab for my self and my children this is not court order or anything but in the time that I will be in the rehab center I need to give my sister temporary custody but she lives in Oklahoma. What can I do?

Bari Weinberger
Bari Weinberger
answered on Aug 8, 2017

I'm so sorry you are going through this difficult time, but applaud you for your brave attempt to get better. You are right to begin to plan for your children while you will be away so that you know they will be cared for by a loving family member. I do, however, urge you to be cautious here.... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a non-custodial parent threaten to exercise visitation in exchange for not paying child support.

My 17 year old son's father hasn't seen him since Christmas(Est. 8 months ago). My son just started working his first job.Now he is demanding me to end child support or he will restart visitation which would cause my son to lose his job since his father lives 2 1/2 hours away and he end... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

Child support and visitation (now known as parenting time) are two separate issues as far as the law in New Jersey is concerned. With regard to child support, a court will end the support if the child is no longer in need of the financial support of his parents. So, if your son is not in school and... View More

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for New Jersey on
Q: If you file for emancipation and are not emancipated, can you file for emancipation again?

If a minor living in a bad situation at home files for emancipation at a younger age than usual, hoping to be emancipated based on the abusive home, but is not granted it, can they try again once they are a little older and have a job? If they do this, will the previous attempt count against them... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2017

A minor (depending on age) and what can be proven, may or may not be successful in obtaining emancipation. How a Judge would treat a 2nd attempt after one failed first attempt is impossible to know. Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter is uncomfortable around her father and doesn't want to see him anymore. What do I do to have her heard?

My ex and I never married(he left me while pg) I have been with my now husband since she was a few months old. She's always lived with us and only visits her father one day for a few hours. She is uncomfortable around him. She doesn't really want to go on that one day but we (myself and... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

This is a difficult situation. I strongly suggest that you at least have a consultation with a family law attorney in your area to get some guidance. Many offer free consults. It is probably best for you to file an application with the court establishing custody, parenting time and child support... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex is filing for custody after not seeing him for 2 years, also has had a few arrests. Will that affect my case?
Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

Definitely see a family law attorney in your area so you can provide more details about your case. Many offer free consults. When making decisions regarding child custody or parenting time, the courts must consider what is in the best interests of your child. Your ex has the right to file any... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Have PA custody agreement and 13yr, 10mo old child no longer wants to visit with 1 parent for numerous reasons. Options?

PA custody agreement since 2010. Both parents now residing in NJ. Almost 14 yr old child has expressed numerous times in recent months that he no longer wants to have visits with 1 parent; citing numerous reasons such as parent degrades him, doesn't let him go outside, yells at him often, hits... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

I suggest you speak with a Pennsylvania family law attorney, since the order for custody/parenting time is out of PA. Since the family is now in New Jersey, you may be able to have jurisdiction changed, but it depends on the exact language of the custody agreement.

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