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New Jersey Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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1 Answer | Asked in Child Custody and Collections for New Jersey on
Q: Can I move out at 19 without a parents permission? And will the cops get involved ?

I have strict parents and I’m 19 they do not let me do anything I want to move you but I’m afraid that they’re going to call the cops.... can I move out at 19 without their permission ??

Teresa L. Reichek
Teresa L. Reichek answered on Oct 4, 2019

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: I go a letter from nj with both "custody" and "parental time" from her dad whose in jail and his mom can they get 100%

Is this for visitation or full custody? Her father is in jail awaiting a case of domestic violence against me! Can his mom take her? If so, why would she be able to? I work and provide myself and get food and a home, clothes and toys. She's the happiest kid you'll meet. She's fat and healthy. I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 15, 2019

Your not yet ex-husband and his mother have ZERO chance of getting custody or visitation.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: Can a defendant impeach a plaintiff after the plaintiff testified?

In a child custody case can a defendant impeach a Plaintiff using evidence once the plaintiff finish testifying?

Leonard R. Boyer
Leonard R. Boyer answered on Sep 1, 2019

Yes, that can be done, but only by an experienced matrimonial trial attorney. Trying to represent yourself in any matrimonial or family matter is an extremely bad idea. You do not know the rules of Court, Evidence, Procedure or Case law.

2 Answers | Asked in Child Custody, Child Support and Domestic Violence for New Jersey on
Q: Is it okay to drop charges of domestic violence ? Will this affect me getting child support ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 27, 2019

Child support has nothing to do with a restraining order so no it should not affect it.

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1 Answer | Asked in Child Custody for New Jersey on
Q: How hard would it be for me to get full custody and approved for relocation out of New Jersey

Her father only sees her every other weekend but he is always working and never home he doesn’t call or communicate with her only when she’s there no interaction other wise not involved in her life really not even school she has always lived with me and I’ve always financially taken care of... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 19, 2019

Thank you for such an interesting question. I'm sure it must be very frustrating to be in your situation. There are two kinds of custody, physical and legal. Physical custody is where the child primarily lives and who has parenting time. Legal custody is having the right to make big decisions for... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers
Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for New Jersey on
Q: I was assaulted in on Friday August 2nd I have the police report and it's put the nature of the call was a disorderly p

On the paper says that the additional offense POLI police information judicial status zdbr I am lost at what is going on.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 7, 2019

This is information for the police and court, don't worry about it just go to court when you get a notice to attend.

2 Answers | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: What happens if I cannot afford a divorce?

I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 1, 2019

You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child
Noel Rivers
Noel Rivers answered on Jul 26, 2019

If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued
James A. Abate
James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My son is currently incarcerated, his ex girlfriend is seeking sole physical custody and wants to Florida with the kids

Ages ,16, 12, and 6. Can the courts stop her from doing this?

Teresa L. Reichek
Teresa L. Reichek answered on Jul 15, 2019

There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.

You can also file a grandparents' rights petition....
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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.

How can we go about getting full custody.

Teresa L. Reichek
Teresa L. Reichek 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... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: What will happen in court on the June 24th. Will the judge grant him.

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 back to... Read more »

Leonard R. Boyer
Leonard R. Boyer 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,... Read more »

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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: If mother has no custody but visits the child once a month can I file for child support ?
Andrew M Shaw
Andrew M Shaw 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 2002... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Do I need to be specific when asking for evidence from opposing attorney?

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 for...would... Read more »

Adam Brown
Adam Brown 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 into...
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