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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can my son grandmother get any rights to my son. I already have joint legal custody that I share with my son mother .

The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

Richard Diamond
Richard Diamond
answered on Aug 8, 2022

Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's... Read more »

1 Answer | Asked in Criminal Law and Child Custody for New Jersey on
Q: Im 17 my boyfriend is 18.if I have a video confection of my mother kicking me out could she put a runaway report on me

Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have sole legal and residential custody. There is nothing about visitation on divorce. He sees sim 2x a month.

This is the 2nd time I get him and he has a alarming mark on him. First time a deep scratch on pubic area. Today 3 red mark on the side of his neck. I asked father both times with pics and he says he knows nothing about that. I’m worried and I want to know what should I do now ?

Richard Diamond
Richard Diamond
answered on Jul 19, 2022

Is the reason why you have "sole custody" of your child because of concerns over physical violence from the other parent? I dont know how old your child is but if you have concerns over the presence of marks after a visit, then contact DCPP and let them know what your concerns are and let... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: How do I file for interference with custody? Parental alienation

My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.

Bari Weinberger
Bari Weinberger
answered on Jul 8, 2022

Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state... Read more »

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2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... Read more »

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Child custody order is being violated in many different ways. What do I do?
Richard Diamond
Richard Diamond
answered on Jun 13, 2022

That is a good question and one where family law attorneys earn their keep. You need to sit down with a family law attorney to map a master plan to address the issue of non-compliance and the timing of an application to the court for relief. The purpose of sitting down with the lawyer now is to... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I refuse a hair folicle test?

are results admissable in family court

Richard Diamond
Richard Diamond
answered on Jun 8, 2022

I presume that there is an issue outstanding as to drug use and either your spouse, former partner, DCPP, there is an application before the court to compel you to submit to a hair follicle test or there is a court order entered requiring the hair follicle testing.

The bigger question has...
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2 Answers | Asked in Child Custody for New Jersey on
Q: Can I get guardian custody of my child if they live in another state
Richard Diamond
Richard Diamond
answered on Jun 6, 2022

I'm sorry but I do not understand your question since you are the other parent of your child and presumably, you have a custodial role in your child's life? My sense is that your ex and your child live in another state and there has been a discussion about your child coming to live with... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: my daughters dad has told her on at least 2 occasions to lie to me. I have written proof. Is this parental alienation?

My daughter just turned 10. My relationship with her dad lasted 12 years and it was toxic and I was abused by him. He was a pathelogical liar. Well now he is coaching my daughter to lie and I have written proof for 2 incidents. My daughter is now lying so bad it is hurting me to see. Her dad... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 26, 2022

Thank you for your question. It sounds like it is very stressful not to have much decision making in your child's life. Proving parental alienation is a complex, and largely undefined endeavor. It sounds like you might want to make a motion to change parenting time or custody. That process... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

Is there any time frame for decision?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

This question was previously asked and answered. Repeating it will not change anything.

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Richard Diamond
Richard Diamond
answered on Apr 18, 2022

I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: If I went to NH and filed for a petition and granted custody of my granddaughter due to being left alone for days and

And the mom is using drugs and threatening to Jill themselves and very abusive verbally to the 14 year old. What does the Mom have to do to get the child back. And what do I have to do to keep her since she is the one that called me and said she wasn’t safe

Richard Diamond
Richard Diamond
answered on Apr 14, 2022

Im not sure what the term "NH" refers to but presuming you are referring to the Department of Child Protection and Permanency ( DCPP), you can contact them to express your fears about your grandchildren's care and provide the investigator with whatever proof you have as to the drug... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 28, 2022

As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can the court make you take classes over one incident between the parents?

Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?

Bari Weinberger
Bari Weinberger
answered on Mar 25, 2022

Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can a student court ordered weekly joint custody be picked up and dropped off each week at the ordered residence.

School district transportation. Each court ordered parent lives in the school district.

Pemberton Township School District, New Jersey.

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

I think what you are asking is whether your court order can require the school district to pick up / drop off your child at your bus stop on your parenting days and pick up / drop off your child at your ex's bus stop on his / her parenting days? My experience is that most (most if not all)... Read more »

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