Get free answers to your Child Custody legal questions from lawyers in your area.
How can we go about getting full custody.
answered on Jun 20, 2019
You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... View More 
We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went... View More
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answered on Jun 8, 2019
There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But,... View More
answered on Jun 6, 2019
Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the... View More
I live in New Jersey and as of now I'm representing myself in a child custody case. I know I'm allowed to ask the opposing parties attorney for evidence but he also told me I needed to send him a letter in the mail requesting the evidence and told me to be specific on what I'm asking... View More
answered on Apr 14, 2019
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need... View More
we both are undocumented alien
we don't have legal agreement about child support just verbal agreement,but his father not fallow verbal agreements.
we don't have agreement about child support.
most of the time my son live with me (5 days /week with me ,2 days/week... View More
answered on Feb 28, 2019
Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.
Sincerely,
Santo V. Artusa.
Artusa Law Firm.
Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.
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answered on Jan 30, 2019
Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to... View More
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answered on Jan 19, 2019
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
Ex husband doesn't consent to me moving back home but I explained to him I have no help here and I can't afford to live here with my three boys I don't even get paid this states child support .
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answered on Jan 12, 2019
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made... View More
i have been going for substance abuse treatment for 3 month and have been compliant. i still test positive for marijuana and i stopped going to treatment for two weeks, now my substance abuse treatment center is closing my patient case as non compliant. how can i fight this and stop having to go to... View More
answered on Jan 3, 2019
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.
Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active... View More
answered on Jan 3, 2019
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... View More
Can i choose who i want my child to live with in the state of Camden, New Jersey? If my husband signed the birth certificate and her last name is changed to his is he considered her dad?
answered on Jan 3, 2019
Thank you for your question. Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so... View More
My wonnHas a mild learning disability and she speaks English to assure the medical and educational well being of my children. I am their father and she wants to take them to St Lo hi is Missouri where her sister lives . By law can she just pick up and go
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answered on Dec 25, 2018
NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent... View More
We had an agreement that I would take the oldest two and she will take the youngest. I have no paperwork on that agreement. How can I get temporary custody of our kids I don’t think she have a place to go.
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answered on Dec 8, 2018
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 in your choice of an attorney. Pick the best lawyer you can find... View More
I retained this firm back in July. They have billed me for $25,000 so far and are asking for more retainer. We've been to court unprepared because they didn't have all that information. Now they're telling me the only way they can get it is if the most expensive attorney on my case... View More
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answered on Dec 8, 2018
That is completely absurd and obscene. Contact the NJ State Bar Ethics committee and report this. You should get a significant refund it not all of it. You really need a new law firm. The Court file if it is still in the local court can be copied at the Court by paying the Court the required fee... View More
answered on Dec 4, 2018
Thank you for your question.
Based upon your question, it seems like you’re struggling with some difficult issues right now. The short answer to your question is that there are very few circumstances in which someone’s parental rights can be terminated. With that being said, there... View More
Can I make sure that my ex does not bring my daughter around her?
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answered on Nov 21, 2018
You can try by retaining counsel to bring an appropriate motion before the Court to address your concerns, but unless your daughter tells you what is going on, you will never really know. 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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answered on Nov 10, 2018
That will depend on the ages of the children. If the children are too young, they will not be allowed to be involved. Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there... View More
I HAD CHILD FOR 4 YEARS UP TO JANUARY. JUDGE GAVE BACK, DYFES TOOK KIDS FROM PARENTS DUE TO DRUGS, RECENTLY, THEY ARE IN FOSTER CARE I FILED FOR CUSTODY BACK FOR THE KIDS SAFETY. I NEED HELP I CAN NOT LOSE THESE KIDS THEY ARE FAMILY. THE MOTHER HAS HAD APPROXIMATELY 12 KIDS EVERY CHILD SHE HAS LOST... View More
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answered on Oct 27, 2018
Call legal services in PA and see if they can help you.
Is their mother in violation or that order? And one of my sons is Autistic.
answered on Oct 15, 2018
Children have a right to see both their parents. A custodial parent cannot unilaterally decide to stop the other parent from parenting his children and being part of their lives. Unless your Order prohibits your parenting time or imposes certain restrictions then it's likely your parenting... View More
At the hearing for my motion to vacate the default, none of my concerns with the plaintiff were addressed as I was unaware of my ability to respond to his accusations in writing prior to court. They vacated the default and I am able to now Answer but the court had required me to file my answer... View More
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answered on Oct 13, 2018
This is far from a do-it-yourself project. A Default can be vacated, but you must retain an experienced matrimonial attorney to handle this for you, otherwise you are going to have worse problems, than you can possibly imagine. They tell even attorneys, that if you try to represent yourself, you... View More
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