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New Jersey Family Law Questions & Answers
0 Answers | Asked in Family Law and Medical Malpractice for New Jersey on
Q: Who legally is medical P.O.A. for my dying mother? No legal paperwork has been done. I'm oldest of 4 girls

Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... Read more »

0 Answers | Asked in Family Law for New Jersey on
Q: How do i find out if im apart of a will?
1 Answer | Asked in Family Law for New Jersey on
Q: can a retract an item that i said ok to in an consent order that hasn't been sign by judge in 10 months.

I agreed to more than I wanted to under duress. The judge put in an order for the one item (that helped me) but nothing came from the rest. But its just hanging out there. Can I get a lawyer to request it put taken off since it was never approved?

Richard Diamond
Richard Diamond answered on Jan 14, 2022

That's a good question. As a general statement, when both parties notify the court that issues in dispute have been settled and they submit a signed writing to the court confirming the settlement terms, the court has the right to enforce those terms even if it has not signed off on the consent... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to... Read more »

Richard Diamond
Richard Diamond answered on Jan 14, 2022

YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there... Read more »

0 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: If a parent dies and names a minor child as the beneficiary of the estate, what decisions can a living parent make?

If the parents were unmarried and the child is a minor, does the living parent have the right to sign away the child's "right to make decisions" over to the Executors of the Estate and is that something that has to be followed after the child is no longer a minor if assets are still... Read more »

0 Answers | Asked in Family Law for New Jersey on
Q: Is it possible to change a birth certificate retroactively?

I was married to someone at the time of my (now adult) daughter's birth, who was not the father of my child. Because I was married at the time of her birth, my daughter's birth certificate has my ex-husband listed as her father. Her biological father, however, who I am married to now,... Read more »

3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 10, 2022

Your question is not one that is easily resolved. You really need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. This could have grave consequences and should not be taken for granted. During this pandemic, you have... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: What is my right as a wife and what action do I need to do?

I’m married with 4 adult kids (previous relationship). My husband 2 adult kids (previous relationship). We were both divorced when we got married but no kids on our own. My issue is one of my step-son (married with 2 kids) is asking my husband for trust fund. It feels like he wanted to control... Read more »

Richard Diamond
Richard Diamond answered on Jan 6, 2022

You have not provided enough information for any lawyer to give you competent advice. My suggestion is that you schedule a consultation with a divorce lawyer to get better educated on your rights and to help you better understand whether you should be concerned.

From what I gather from the...
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4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2022

Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a 16 year old move out of their house to live with their grandparents with consent of only one parent?

If a 16 year old's mom gives permission for them to move into their grandparents house, but their father doesn't, do they need both parents permission, or can they move out with only their moms permission.

Richard Diamond
Richard Diamond answered on Dec 9, 2021

As a parent, your question troubles me and the short answer is that there is no good answer to this question. I presume that you are having trouble with one or both of your parents and you are looking for space away from your current home setting. Presuming im correct, the 1st question is what the... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: If I put a restraining order on my wife would she not be able to receive her cosmetology state license?
Richard Diamond
Richard Diamond answered on Dec 8, 2021

That is an interesting question.

Our office handles a tremendous number of domestic violence matters each year (on behalf of those seeking to obtain restraining orders and an equal amount of those accused of domestic violence) and I know that certain licensing ( ie lawyers license to...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter’s dad revealed how his mom was murder while watching her years ago. She’s not the same what I need to do?

She just turned 10 and still has her child mentality. He told her everything even with details, she’s been crying and down since she came back from her dad’s house. He didn’t even prepare her or made sure to keep an eye on her and her emotions. She’s not my little happy girl anymore and... Read more »

Richard Diamond
Richard Diamond answered on Dec 7, 2021

My guess is that your daughter asked her father something about his mother or how she died, and he responded, telling her the details. You and I were not present when that conversation took place or even if he suggested to her that she may not want to hear the details, but the bottom line is that... Read more »

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... Read more »

Richard Diamond
Richard Diamond answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A private investigator positioned a camera on a telephone pole across the street from my home for 6 months taking photo

Into my bedroom window and now it’s being used as evidence in a court case against my girlfriend for a cohabitation was it legal to be videotaped and/or photographed in this manner

Richard Diamond
Richard Diamond answered on Nov 30, 2021

Lets assume that the investigator did not have permission to place a device on the telephone pole across from your home, the report and the photos taken by the investigator are still relevant to the issue of cohabitation and relevant to her former husband's alimony obligation to her (presuming... Read more »

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2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 27, 2021

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have a temporary restraining order on my son's dad. He is asking in a roundabout way to spend 3 hours with our son.

In the TRO I was granted full custody of our son until we had the final restraining order. Our son's birthday is in a few days and he is asking for 3 hours with him. What legal recourse would I have if he didn't return him back to me?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 26, 2021

You can call the police if that happens. But despite your situation, you both really need to protect the child and not worry about the worst. Too many people forget that parents, just because they are no longer right for each other, still love their children.

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1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Dependent turns 23 halfway through 5th College year. How likely is Court to order College payments through the year

New Jersey Divorce. Settlement agreement stipulates and we have been splitting College payments 60/40. Dependent daughter unexpectedly has to take an extra (at least) college year, agreement makes no provision for extra College year and she turns 23 in January. I have no contact with her and want... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 18, 2021

Thank you for your question. Your Final Judgment of Divorce or (if your case settled) Marital Settlement Agreement should have a definition of emancipation within it. Often the definition will say the child support is not to extend past the child's 23rd under any circumstance and if the said... Read more »

3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Richard Diamond
Richard Diamond answered on Nov 12, 2021

The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: i have a question about name change in new jersey

My birth certificate has a first , middle and last name. I have always used my middle name as my given name. I am now having problem with an institution that is insisting on using my first name on my birth certificate as my given name and only a initial for my middle on very important documents.... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2021

I understand your inquiry but in filling out the forms for the institution, your first name will be identified as "S" and most forms only list the middle as an initial, so the document obtained from this institution may end up looking like S M Doe. Maybe the solution is to hyphenate your... Read more »

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