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New Jersey Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How to relinquish parental rights and not pay child support?
Richard Diamond
Richard Diamond
answered on Dec 18, 2024

There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More

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0 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: my son is using his deceased moms cedit cards to make unauthorized purchases

the bills carry a high interest rate....he will not surrender the cards

1 Answer | Asked in Family Law, Animal / Dog Law, Appeals / Appellate Law and Domestic Violence for New Jersey on
Q: In Huson, County N.J. how can some desperate person make up a story that they live with you....without any form of proof

get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More

Richard Diamond
Richard Diamond
answered on Dec 13, 2024

I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I live in an inherited property w/ my husband & then sell & buy a new property, does my husband have claim if divorce

Property is in Nj and was inherited before meeting husband. Would be buying in either FL or PA in cash in just my name.

LaDonna M. Cousins
LaDonna M. Cousins
answered on Dec 11, 2024

To ensure the asset is separate and to protect it from any claims that could be made, consider entering into a Post-Nuptial Agreement. The Post-Nuptial Agreement can confirm that it is both of your intention to keep your inherited property as well as any subsequent asset you purchase or acquire... View More

2 Answers | Asked in Family Law and Adoption for New Jersey on
Q: If you have a 30 year old restraining order can you adopt a grandchild

Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?

Richard Diamond
Richard Diamond
answered on Dec 11, 2024

It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.

My suggestion is that you schedule a...
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0 Answers | Asked in Consumer Law, Criminal Law and Family Law for New Jersey on
Q: Should a CBD / CBG non-THC product, have a pharmacy label on it per DDD regulation or guideline?

My son is in a group home facility in NJ that accepts CBD products. I was told that staff cannot give it to him without a label on the bottle from the pharmacy. It didn't come from the pharmacy, its derived from Hemp oil and no THC. Is this a state DDD regulations for a person in a group home?

1 Answer | Asked in Adoption, Appeals / Appellate Law and Family Law for New Jersey on
Q: On Nov 12 2024 the Appellate Court Judge ordered that my great granddaughter(currently pending adoption) shall not be

removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia

How can they over rule judge's order?

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More

1 Answer | Asked in Family Law, Banking and Divorce for New Jersey on
Q: Can a PoD designation ever be reversed or nullified in the state of New Jersey? If so, how?

My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How does a person deal with an ex and co-parent who constantly threatens legal action and calls for police on you?

If I don’t answer her texts she sends cops for a wellness check. If I do answer and the response isn’t what she wants to hear she says I’m harassing her, calls the cops to make a report. She continues to send me messages after reporting I’m harassing her which I reply to and then says I am... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Maybe its time to retain a family law specialist and let the attorney file an application with the court to address your claims of her on going bad actions and ask the court for relief. It seems that your efforts to resolve the parenting time conflict with her is not working.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?

Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More

0 Answers | Asked in Domestic Violence, Family Law and Criminal Law for New Jersey on
Q: non verbal son was abused during visitation with father. Supervisor is the grandma, what are the consequences for her?

Father is a stoner, violent person, grandma says injuries were caused by her trying to place him in the car, I know it is a lie because he had marks like punched in the eye and strangled, what are the consequences for a visitation supervisor who hurts a child or let the child be hurt?

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Would marital property split equally, if one party dies, they were divorced but hadn't yet sold the poperty

Husband & wife buy a condo together and at the time, put 1 of their 20 yr old kids on the deed. They divorce 10 yrs later, then wife dies before they sell property. Division of assets was filed at time of divorce, states wife lives there for 2 yrs, then they sell and split equally, & in... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2024

The answers to your questions cannot be determined in an online forum. You must have a consultation (either secured video conference or in person in an attorney's office). In addition, you do not have privacy by posting in this forum. Just like you found it so can your so can the other parties... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: do I owe my exwife half the car and security deposit (we rent) ? not divorced yet. they are cheating, NJ. please help

my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.

we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More

Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

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1 Answer | Asked in Family Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am wondering if someone could help me answer questions about my case as a minor.

I am a minor charged with 2nd degree sexual assault and 3rd degree endangering the welfare of a minor. I am not allowed to live at my home and i am not allowed to have contact with anyone under the age of 18 preventing me to talk to my friends and go to school. I wanted to ask a few more questions... View More

Clifford E. Lazzaro
PREMIUM
Clifford E. Lazzaro pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

To fully answer your question, I must review your judgement of conviction or juvenile disposition sheet as well as a copy of your case file.

On sexual assault convictions and endangering the welfare of a child convictions related to inappropriate sexual contact, there is PSL, which stands...
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1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Richard Diamond
Richard Diamond
answered on Oct 21, 2024

It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: With the unborn child support act, is father of child required to pay this retroactively to me?

I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.

Richard Diamond
Richard Diamond
answered on Sep 21, 2024

As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.

The bill never made it out of committee.

It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.

Even still,...
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