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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Family Law, Divorce and Child Custody for New Jersey on
Q: I found out recently that my husband has been abusing crystal meth. We have a 6 and 4 year old. He refuses to quit.

He frequently yells at me in front of kids, to point they do not listen to me. He has been using behind my back. We are supposed to be moving to va and buying a house. He says he won't stop until move is done, and turns it around on me for being upset. He has taken my car years ago, and all i... Read more »

Richard Diamond
Richard Diamond answered on Oct 29, 2020

There are specific state resources readily available to you and to your children that I would ask you to consider / reach out to for assistance, starting with the following:

*Domestic Violence Services through state of New Jersey - https://www.nj.gov/dcf/women/domestic/

*Legal...
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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »

Richard Diamond
Richard Diamond answered on Oct 21, 2020

DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Hi,i do live here in new jersey.my question is my wife wants to move out our home.is it ok to bring my son.

We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks

Richard Diamond
Richard Diamond answered on Oct 20, 2020

Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... Read more »

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Is it possible to file for sole custody 4 years after being divorced?

My girlfriend got divorced in Iowa in 2016, now resident in MO with her 2 kids. Her ex (lives in Iowa) has a history of robbery, assaults and drug use. He is also way behind in child support payment now reaching 5 digits but gave pocket money back in December and January. He's been found in... Read more »

Richard Diamond
Richard Diamond answered on Oct 19, 2020

Based on the information provided, New Jersey does not have jurisdiction over the issue raised by you and therefore any NJ family law attorney answering this question would be speculating. You need to address the question to a family law attorney in Iowa.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In NJ am I allowed to change my childs last name after a certain point after birth?
Richard Diamond
Richard Diamond answered on Sep 8, 2020

There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm a stay at home mom and want to leave my current situation, if I take my child and leave is that kidnapping?

I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... Read more »

Richard Diamond
Richard Diamond answered on Sep 8, 2020

Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: there has been interference with custody and contact of my children by my exhusband. we have 50/50 what is my next ?

what is my next step with getting this rectified?

Richard Diamond
Richard Diamond answered on Sep 2, 2020

If you feel that your ex is not complying with the terms of your agreement or court order regarding custody of your children, then my suggestion is that you meet with a family law attorney to review the agreement / order terms and decide whether you want the lawyer to write a letter to your ex or... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can I file for emergency custody? Myex denies Covid exists and has exposed my son to public places. My son has type1
Richard Diamond
Richard Diamond answered on Aug 31, 2020

The state of NJ began its lock down in or about the 2nd week of March ( or about 5 1/2 months ago). In the later part of March / early April, there were many people who sought legal advice / filed emergency applications with the court as a result of their former partners actions regarding parenting... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: If A child’s custody change happened in Poughkeepsie NY can I file For petition for custody back in NJ where I reside ?

Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... Read more »

Richard Diamond
Richard Diamond answered on Aug 31, 2020

Believe it or not, there is a law applicable to your inquiry called the Uniform, Child Custody & Jurisdiction and Enforcement Act, applicable throughout the country, which states that the state that entered the initial order for custody of the child, retains exclusive and continuing... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am turning 17 in 16 days and I wanted to know if I can legally move out and stay with my biology mother and sisters

I wanna live with my biology mother and family because I feel happier their than where I'm at

Richard Diamond
Richard Diamond answered on Aug 5, 2020

At 17, you have the right to sit down with your parents and discuss where you want to live and why. A parent of guardian may not be happy with your decision but they are gong to be hard pressed to stop you..... but that does not mean that their feelings will not be hurt. Be respectful and... Read more »

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Im on child support but my child mother has abandoned her son ain’t seen him since June 7 haven’t called or reached Out

It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2020

Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: Can a 14 year old child decide which parent to live with
Richard Diamond
Richard Diamond answered on Jul 20, 2020

The short answer is no, but by age 14, the court is to give deference to the wishes of a mature 14 year old. Translated, while the decision where a 14 year old should live still rests with the court, as long as the child shows maturity and an understanding of the decision making process, most... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: My 17yr old son wants to start school & reside with his Dad in NC. I don't consent. My son gets free tuition at Rutgers.

My son graduated high school and will be visiting his dad for two weeks. If my son refuses to leave NC. What can I do as his custodial parent?

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Since your son is only 17, I presume that he is going into his senior year of high school as opposed to starting college in September. So, lets play this out for you.

Under the terms of your divorce agreement, you are the primary custodial parent and your ex has parenting time with him....
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1 Answer | Asked in Child Custody for New Jersey on
Q: In a custody battle does it hurt/benefit my case if I have another child with my current fiancé?

I live in Arizona and my son and his father are in New Jersey I’m engaged to another man and recently found out I’m pregnant after our last court date I overheard my husbands lawyer saying to him “let’s hope she doesn’t get pregnant” so before I tell anyone I want to know how it could... Read more »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

The best advice I can give you is to schedule a consultation with this office to discuss the legal and factual issues outstanding in your application for a change in the custody plan currently in place and currently before the NJ family court. Its impossible for any lawyer to tell you whether... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can I retain custody of my twins if , 4 years ago i essentially lost custody as I missed a hearing?

I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.

Thanks

Richard Diamond
Richard Diamond answered on Jul 6, 2020

From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: I’m gonna be 18 in 1m and 12d I stay with my mom and that’s where all my belonging are, my dad has custody of me right

Now, can he make me go “home” where he sleeps on the floor and has no beds?

Richard Diamond
Richard Diamond answered on Jul 6, 2020

lets start off addressing the easier question- When you turn 18, you will have the right to determine where you will live, regardless of the agreement or court order entered into by your parents.

Now, lets address the bigger issue - the custody and support plan that is best for you. Even...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
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1 Answer | Asked in Child Custody and Health Care Law for New Jersey on
Q: Can our outpatient pediatric clinic release records to DCP&P without parental consent so they may investigate

There was an allegation of child abuse from a third party. They would like to know if child is receiving appropriate healthcare services

Richard Diamond
Richard Diamond answered on Jun 23, 2020

For safety purposes, since a HIPPA release form was not signed by the parents, the facility should have a court order in its file authorizing and directing it to comply with the turnover of specific healthcare records. If it does not have a court order directing the turnover of specific healthcare... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

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