Get free answers to your Child Custody legal questions from lawyers in your area.
I am divorced and the primary custodial parent and my ex has visitation. Our son is 13 years old. I am remarried and we would like to move out of state in a couple of years. My son would also like to. If my ex doesn’t consent, at what age would my son be able to express in the courts his desire?... View More
answered on Nov 9, 2020
The law in New Jersey has changed concerning relocation as a result of a recent NJ Supreme Court decision called Bisbing v. Bisbing, which now requires the same legal standard to be applied to a relocation request as applied to virtually all other claims involving children – the “best... View More
I live in NJ and have been divorced for 5 years. We had split custody of the children and the child support/alimony was for 10 yrs. My children are going to be 21 and 19 yrs old in the next 2 months. They both work and go to college. My ex makes a really good salary, I am living pay check to pay... View More
answered on Nov 3, 2020
The first and most important question is what state entered the judgement of divorce ( if not NJ) and what does the agreement say as to jurisdiction for addressing financial issues outstanding between the 2 of you concerning child support. Presuming you were divorced in NJ and presuming both... View More
He frequently yells at me in front of kids, to point they do not listen to me. He has been using behind my back. We are supposed to be moving to va and buying a house. He says he won't stop until move is done, and turns it around on me for being upset. He has taken my car years ago, and all i... View More
answered on Oct 29, 2020
There are specific state resources readily available to you and to your children that I would ask you to consider / reach out to for assistance, starting with the following:
*Domestic Violence Services through state of New Jersey - https://www.nj.gov/dcf/women/domestic/
*Legal... View More
My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... View More
answered on Oct 21, 2020
DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... View More
We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks
answered on Oct 20, 2020
Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... View More
My girlfriend got divorced in Iowa in 2016, now resident in MO with her 2 kids. Her ex (lives in Iowa) has a history of robbery, assaults and drug use. He is also way behind in child support payment now reaching 5 digits but gave pocket money back in December and January. He's been found in... View More
answered on Oct 19, 2020
Based on the information provided, New Jersey does not have jurisdiction over the issue raised by you and therefore any NJ family law attorney answering this question would be speculating. You need to address the question to a family law attorney in Iowa.
answered on Sep 8, 2020
There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... View More
I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... View More
answered on Sep 8, 2020
Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... View More
what is my next step with getting this rectified?
answered on Sep 2, 2020
If you feel that your ex is not complying with the terms of your agreement or court order regarding custody of your children, then my suggestion is that you meet with a family law attorney to review the agreement / order terms and decide whether you want the lawyer to write a letter to your ex or... View More
answered on Aug 31, 2020
The state of NJ began its lock down in or about the 2nd week of March ( or about 5 1/2 months ago). In the later part of March / early April, there were many people who sought legal advice / filed emergency applications with the court as a result of their former partners actions regarding parenting... View More
Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... View More
answered on Aug 31, 2020
Believe it or not, there is a law applicable to your inquiry called the Uniform, Child Custody & Jurisdiction and Enforcement Act, applicable throughout the country, which states that the state that entered the initial order for custody of the child, retains exclusive and continuing... View More
I wanna live with my biology mother and family because I feel happier their than where I'm at
answered on Aug 5, 2020
At 17, you have the right to sit down with your parents and discuss where you want to live and why. A parent of guardian may not be happy with your decision but they are gong to be hard pressed to stop you..... but that does not mean that their feelings will not be hurt. Be respectful and... View More
It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... View More
answered on Jul 29, 2020
Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... View More
I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears
answered on Jul 27, 2020
I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... View More
answered on Jul 20, 2020
The short answer is no, but by age 14, the court is to give deference to the wishes of a mature 14 year old. Translated, while the decision where a 14 year old should live still rests with the court, as long as the child shows maturity and an understanding of the decision making process, most... View More
My son graduated high school and will be visiting his dad for two weeks. If my son refuses to leave NC. What can I do as his custodial parent?
answered on Jul 13, 2020
Since your son is only 17, I presume that he is going into his senior year of high school as opposed to starting college in September. So, lets play this out for you.
Under the terms of your divorce agreement, you are the primary custodial parent and your ex has parenting time with him.... View More
I live in Arizona and my son and his father are in New Jersey I’m engaged to another man and recently found out I’m pregnant after our last court date I overheard my husbands lawyer saying to him “let’s hope she doesn’t get pregnant” so before I tell anyone I want to know how it could... View More
answered on Jul 13, 2020
The best advice I can give you is to schedule a consultation with this office to discuss the legal and factual issues outstanding in your application for a change in the custody plan currently in place and currently before the NJ family court. Its impossible for any lawyer to tell you whether... View More
Now, can he make me go “home” where he sleeps on the floor and has no beds?
answered on Jul 6, 2020
lets start off addressing the easier question- When you turn 18, you will have the right to determine where you will live, regardless of the agreement or court order entered into by your parents.
Now, lets address the bigger issue - the custody and support plan that is best for you. Even... View More
I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.
Thanks
answered on Jul 6, 2020
From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... View More
Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?
answered on Jun 24, 2020
Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.
Our... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.