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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 Court interview a minor child without hearing from the Defendant? How can I stop the interview?

I am the Defendant in a custody case. The Court held a hearing on July 15th which I was unaware of - no proper notice from the Plaintiff who has my email and phone as well. On July 22nd I received the Court order stating that the Court will interview the child on August 18th. The child was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 17, 2016

I suggest that you hire a lawyer that is familiar with CP&P procedures and policies. Once a judge has made an order it is rare that a judge will change this order without supporting case law and legal arguments. Sure a lawyer that handles these types of cases is not free and you can spend a... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for New Jersey on
Q: Have a sanction from Feb. 2016. Lived in another state and received benefits. TRO in place. Sanction legal?

Custody and child abuse issues came up in June. Returned to NJ to get my son. Had court about 6 times with father, we share custody. Issue not resolved future court dates pending. Can a sanction still be in place when I was no longer living in the state? It's been 5 months since I received... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

unclear what you mean by sanction. contact court asap

1 Answer | Asked in Child Custody for New Jersey on
Q: Do i need to send a custody agreement with the paperwork when I file for custody. My son is 10mths .

This is the first time I am filing for custody, just don't want to miss any thing

Leonard R. Boyer
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answered on Aug 6, 2016

If you want your legal rights fully protected and to receive everything that you are entitled to, then you need to retain counsel. Otherwise you could end up with problems, beyond what you realize. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get a public defender in NJ to help me with a custody case in Indiana?

My ex has custody of my son in Indiana and she is trying to take away my visitation in NJ. I will be able to see my son if I go to Indiana.

Leonard R. Boyer
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answered on Jul 25, 2016

No, you cannot. You need an attorney in Indiana. Good luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My fiances ex does not work and refuses to, does this affect his child support amount?

She is capable to work, lives with family rent free, has no car, DL, bank account etc. He currently gives her $200/week cash ( so dumb i know ). Can a judge force her to work (for lack of a better term) since the child is now of school age and will be out of the house most of the day? Also if she... View More

Leonard R. Boyer
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answered on Jul 23, 2016

Although a Judge cannot force her to work, he can impute income to her. You will need to have a consultation with a matrimonial attorney to see if it is cost effective to fight this. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Will the judge lesson his visits if my ex is always late with pick up an drop off. We've just had mediation a couple

Ago an he's still late.

Leonard R. Boyer
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answered on Jul 23, 2016

There are a lot of factors to be taken into account. I seriously doubt a Judge will decrease visitation for that reason. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex I'd always late with drop off an pick up. He also leaves our son with his grand parents on his visiting time.

What does the Judge usually determine.

Leonard R. Boyer
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answered on Jul 22, 2016

There is no such thing as a "usual determination", every case is unique. You need to have a consultation with an experienced matrimonial attorney to discuss the exact facts of your case. The attorney can then advise you as to how to proceed. Good luck.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New Jersey on
Q: UCC JEA States order cannot be modified except for the location of the children's habitual residence.

My ex-wife has abducted my children to the Netherlands. I need assistance finding case law in New Jersey where a judge can vacate a custody order due to non-compliance ( interference of custody child abduction ).

The judges in New Jersey Superior Court New Brunswick half denied my motion... View More

Leonard R. Boyer
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answered on Jul 22, 2016

No attorney is going to provide you with free legal research. If you want to have an attorney represent you, then you can chose from one of the many fine attorneys on this website. I am certain that you do not work for free, so I hope you understand that attorneys do not do so either. This is a... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Gov & Administrative Law for New Jersey on
Q: I'm trying to find an attorney for an interference custody case or child abduction.

My custody order states that I should have my children about 50% of the time they're currently being held in the Netherlands... my local police department refuses to allow me to file a complaint for interference with custody

Leonard R. Boyer
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answered on Jul 20, 2016

Your local police dept has no clue how to handle this type of situation. You need to retain an experienced matrimonial attorney, who understands how to deal with a complex case. The attorney would need to see all your legal pleadings. Good luck and do not give up hope.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I am in NJ and the father is in Alaska. I have custody and we are not married. How can I get my son back?

I allowed my son to visit him for a couple weeks. Now his father refuses to return him to me.

Leonard R. Boyer
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answered on Jul 20, 2016

You retain experienced NJ matrimonial counsel to represent you and provide the attorney with all the documents that pertain to your case. The attorney can handle this matter for you. Good luck.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I live in new jersey and the father lives in Alaska. I have custody. Father refuses to return him.
Leonard R. Boyer
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answered on Jul 15, 2016

You need to retain an experienced matrimonial attorney to file an emergent motion to resolve this matter. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex works thru a local union in NJ. he gets placed on jobs w different companies. Child support is not being deducted.

Shouldn't the union office notify these companies that he gets placed on jobs for that he has a support order and child support should be deducted weekly? I do have an order through probation for Wage garnishment.

Leonard R. Boyer
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answered on Jul 8, 2016

You may need to retain counsel to make certain that you have the correct support order in place or in the alternative that support is supposed to be payable through Probation via wage garnishment. At the very least, you should have an attorney review your existing legal pleadings. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: Ex wife is dating a man that has physically beat her and my daughter lives with her. I want full custody of my child.

The abuser his father is a cop.

Leonard R. Boyer
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answered on Jul 1, 2016

The only way to obtain your objective is to retain experienced matrimonial counsel to handle this matter for you. It will be a question of you providing the attorney with the necessary proof to substantiate your case. Some people are afraid to do this when one party is in law enforcement. I... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Is Philadelphia is there a such thing for one parent co-signing/supervising another to help get custody back from state
Leonard R. Boyer
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answered on Mar 16, 2016

You need to ask this question in the PA section.

1 Answer | Asked in Child Custody for New Jersey on
Q: I have a newborn with a man I am not married to. We are not together and there is no custody agreement.

I want to move to GA from another state for a job opportunity and better cost of living. Can I move with the baby and file for custody in GA? The baby currently lives with me and father does not help financially.

Leonard R. Boyer
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answered on Jul 26, 2015

The proper procedure is to file for custody and permission to relocate in New Jersey. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: If I am the custodial parent, do I need my ex's permission to take the children out of state?
Leonard R. Boyer
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answered on Jul 26, 2015

Yes, or a Court Order. You should retain counsel to handle this matter for you. You also don't mention if you want to move or just go for a visit. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: If csp is involved, can my girls can't come to nj for their summer break. We have joint, legal, physical custody

She was supposed to move back to nj fall 2014, instead moved 3 hours further south. We have notarized papers starting this.

Leonard R. Boyer
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answered on Jul 28, 2015

Notarized papers, do not necessary have legal significance. You would have to meet with an attorney, bring in all your documents and then the attorney can advise you what the best course of action is. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: How long after someone signs their rights over dor their child do they have to appeal this decision?
Leonard R. Boyer
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answered on Jul 26, 2015

30 days. Appeals of a Court decision are extremely complex. You need an attorney with Appellate matrimonial experience. You have no chance on your own. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: After signing your rights over for your child . How long after do I have to appeal this decision in the state of nj?
Leonard R. Boyer
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answered on Aug 2, 2015

You cannot just "sign over your rights to a child. There has to be a Court Order. You need to restate your question, with complete facts. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: What happens if i lose the copy of the custody papers i have? Where do i go to get a duplicate? Any fees?

I need this vital information for school to initiate the process of my financial aid and my brother has lost the copy, i do not know where to go.. Please help!

William N. Sosis
William N. Sosis
answered on May 6, 2015

Document retention periods can vary. Your best option is to call the courthouse that issued the order and ask them if they still have your document. If they don't, the record has most likely been archived or sent elsewhere for storage. In such a case, they can provide information on who you... View More

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