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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: I live in New Jersey with my parents and my child. My child father recently passed away. Do i have sole custody now?

Also, i am going back and forth to Florida. I am taking care of my sick aunt. My mom and I have a written agreement and a temporary guardianship form notarized saying she is taking care of my child for the times i am not home in NJ. Is this okay or do i need to go to court and give her joint... View More

Leonard R. Boyer
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answered on Jul 8, 2017

You do not need to give her joint custody. Your temporary guardianship form is of no legal value and does not have to be honored by anyone.

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: When the non-primary parent have the children, do they need permission to take the child on a vacation in another state

This is a question for a case in New Jersey--when the other parent has the children during their times with the children--every other weekend and 4 weeks during the summer--does that parent have to have permission to take the children across state lines for a vacation

Leonard R. Boyer
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answered on Jul 8, 2017

Yes, you should have a Court Order that allows you to do that, otherwise you are looking for problems. An experienced matrimonial(Family law) attorney can prepare a Consent Order that is properly worded. Spending a few hundred dollars now will avoid thousands of dollars in legal fees later. Good... View More

2 Answers | Asked in Criminal Law, Child Custody, Domestic Violence and Sexual Harassment for New Jersey on
Q: Does it cost anything for a lawyer to help bring charges against ex husband?

I dont have a dime to.get help bc im on SS Disability.

James A. Abate
James A. Abate
answered on Jul 6, 2017

A private lawyer does not bring charges. Charges are brought by the police and prosecutor. If you believe you are the victim of a criminal act, contact the police.

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1 Answer | Asked in Child Custody for New Jersey on
Q: I live in New jersey and currently have no custody agreement. The father is refusing to release my son back to me.

If he leaves my son with a babysiter, can the sitter prevent me from taking my child?

Leonard R. Boyer
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answered on Jul 3, 2017

You stated you lived in NJ, but your question was asked in PA. You did not supply enough facts to receive a meaningful answer to all your questions and concerns.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I was granted sole physical and legal custody with no visitation rights, what does that mean for the fathers rights?

Court order was granted 4 years ago in New Jersey, I now live in Pennsylvania. He has not seen my son in that time frame as well due to his in and out of jail and drug overdoses and being in rehab.

Ryan L Hyde
Ryan L Hyde
answered on Jul 2, 2017

Sounds like he has very little rights. However, he is still the father. He could always clean up his life and petition for some custody. Additionally, if you moved without clearing it with the court you could be in for trouble down the road.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I currently have an open dyfs case that I is being closed in Aug

I have a 5 month old with a boyfriend who does not live with me has hidden cameras in my house i just found. To be honest, there is some drug use that might have been recorded. My question is if he can legally use this info to get dyfs and custody

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2017

You realize you are posting on a public forum an admission of "possible" criminal conduct and/or conduct that would likely be harmful to the interests of children, right? You probably want to sit down in an attorney's office to get your questions answered... You probably should also... View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: The father of my child is trying to get me caught doing something illegal so he can call dyfs. I have found hidden camra

In my home that he does not own or live in. I am in NJ and I wanted to know the laws when it comes to showing to dyfs and court

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2017

Report the hidden camera to the police. If they agree that probable cause exists that he is committing a crime, then they have the power to take action against him.

1 Answer | Asked in Child Custody for New Jersey on
Q: If i suspect drugs in my daughters fathers house how do i go about getting full custody ?

She lives with me 24/7 but has his last name i want to change her last name to mine and give him supervised visits . She is under my insurance .. He does nothing for our daughter . How do i go about getting full custody

Leonard R. Boyer
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answered on Jun 24, 2017

You can obtain primary residential custody with full declension making authority. 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 attorney you can afford, do not let geographic... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My 18-year-old no longer wants to adhere to the 50-50 parenting time schedule and wants one home base. Is it her choice?

Dad is telling her that unless she is emancipated (she's entering college in the fall) then she must stick to the agreement even though she's a legal adult. She has no hard feelings about dad but would prefer to domicile primarily with mom. We are in NJ.

Leonard R. Boyer
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answered on Jun 16, 2017

You will need to retain the right type of attorney to bring this matter before the Court. 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 attorney you can afford, do not let geographic... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex wants to take kids on days they are w/me. Divc has days & times for visitation set out can he do that

Says he wont take no for an answer. says I have no choice in the matter. Children reside w/me and he has 2 days during wk and every other wknd

William N. Sosis
William N. Sosis
answered on Jun 15, 2017

If there's a court order in place (sounds like there is) and your ex- is violating the parenting schedule, you have several options. For example, you can file an enforcement motion against him and request that he pay your attorney fees. But, if he is threatening or bullying you, you should... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: In the state of NJ is it legal for a child to sleep in a living room ?

2 children have beds in the living room, the other sleeps in a recliner.

Leonard R. Boyer
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answered on Jun 7, 2017

While it is no against the law it is unwise, especially depending upon the age and sex of the children involved. You can retain NJ matrimonial counsel to bring this issue before the Court. To properly answer your questions and address your concerns, the best way to handle this is by retaining an... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My husband is coming home from rehab but I still don't trust him to be alone with our kids, What can I do?

My husband gets home from rehab in a few weeks. I do not feel comfortable with him being alone with our two young children due to his history of drug abuse. This is my husbands third time in rehab. I have evidence as far as recordings of him admitting that he snorted drugs in the basement while... View More

Michael Andrew Conte
Michael Andrew Conte
answered on May 22, 2017

I strongly recommend that you schedule a consultation with a qualified attorney whose main practice is in the area of family law. You are right that your husband can make an argument that he is now clean to try to counter your concerns. What the Court will do with competing stories will be largely... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Noncustodial parent has been having my daughter sleep at his short term girlfriend's house? What are my rights?

I have never met this woman, nor do I know where she lives. I did not learn of this until a mutual friend brought it up in conversation

Michael Andrew Conte
Michael Andrew Conte
answered on May 22, 2017

You are at least entitled to know, from him, where your child is when he is exercising parenting time. I believe that the first step in making sense out of the situation is trying to talk to him about the situation. If you cannot agree on a way that he will voluntarily keep you apprised of where... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: How soon can I have a custody agreement in place when it comes to supervised visitations?

My husband will be back from rehab in a few weeks. Based on his reoccurring history with drugs and alcohol I'm not comfortable with him being alone with our children (1 year old and 3 year old). He has gone for treatment and is clean as far as I know but with his track record and the times... View More

Leonard R. Boyer
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answered on May 21, 2017

Each case is different. You did not state whether or not you are married or if there have been any previous Court Orders in place. You need to start with an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: If i am having a child and the babies father is placed on Megan's law who will get custody ?

He committed a sexual crime again his sister can was told he can't be around anyone under the age of 16. We live in New Jersey

Leonard R. Boyer
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answered on Apr 26, 2017

More information is required. But the chances are PROBABLY good that you will be the primary custodial parent, with full decision making authority. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New Jersey on
Q: My child's father is on a mission to make sure I fail so that he can get personal satisfaction and custody of out child.

He already has a court case in place so he can get child support and custody of our daughter. He has no job and is in school to be a nurse because I became a nurse. This man has already called my job in hopes to get me fired and he just said again he will make sure he gets me fired. He also plans... View More

Leonard R. Boyer
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answered on Apr 11, 2017

File Criminal complaints for harassment and terroristic threats. Retain an experienced matrimonial attorney. Good luck. Just do not sit back and let him victimize you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am currently divorced, need to file a motion to adjust certain situations and need advice, please help

I am currently divorced, the father of the child is not making the payments that are on the paper stated. Recently some situations occurred where I feel safety for my daughter. Currently I am suppose to receive $577 for child support along with 73% for dance expenses. He thinks that he should not... View More

Leonard R. Boyer
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answered on Mar 28, 2017

You need to retain an experienced matrimonial attorney to handle this matter for you. An in person consultation and document review is necessary to answer your questions and address your concerns.

1 Answer | Asked in Child Custody for New Jersey on
Q: My sister is 19 year old and she wants custidy of me and im 15 year old can she?
Leonard R. Boyer
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answered on Mar 26, 2017

Probably not, but much more information is required to answer your questions.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm looking for a lawyer who works pro bono or for low income for family law
Michael Andrew Conte
Michael Andrew Conte
answered on Mar 23, 2017

Contact the bar association in the county in which you live, and ask if there are any low-cost or pro bono attorneys that will consider taking a case like yours. Another resource can be state law schools, who sometimes have law clinics to assist.

1 Answer | Asked in Child Custody for New Jersey on
Q: My son is 16 years old. His father and I have had joint legal custody and his father has always had legal physical

Custody. Can I get a public defender to try to get joint physical custody or can I do it myself. My ex and I have been on good terms the past few years and I don't think he would fight me on this. How do I go about doing this myself if I don't need a lawyer?

Leonard R. Boyer
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answered on Mar 9, 2017

Public Defenders work only on criminal cases, which this is not. 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 attorney you can afford, do not let geographic considerations be a factor... View More

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