Greetings,
I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More 
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answered on Nov 15, 2023
The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More
My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More
answered on Nov 15, 2023
Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or the person with whom the child is residing... View More
My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More
answered on Nov 9, 2023
The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More
My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More
answered on Nov 14, 2023
Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More
I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.
answered on Nov 8, 2023
You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More
I went to New Jersey to help plan funeral services and when I arrived he blocked me on facebook our way of communicating. At the funeral home the director said I had to sign a paper making him the executor. I asked what would happen to everything in April well month after month my brother told me... View More
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answered on Nov 5, 2023
In this situation, it's crucial to seek legal guidance from an attorney who practices probate or estate law in New Jersey. They can help you understand your rights and the proper procedures for contesting the beneficiary designation if it was indeed changed under suspicious circumstances. You... View More
My girlfriend’s ex husband is attempting to take her kids out after an event on her night. He has invited family out to dinner and thinks he is taking them. Per the divorce agreement and parenting schedule it is her night . If he physically tries to take them am i able to stop him
answered on Oct 30, 2023
I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More
The notice to appear says to report to "65 Hamilton St., Court Annex". There is no floor or suite number. The mailing address of the probation division is 77 Hamilton street. I am already anticipating the guards at the entrance shrugging their shoulders and having no idea where it is... View More
answered on Oct 23, 2023
At the courthouse annex, you will let them know that you are there to meet with a hearing officer to do the cola to the existing child support order. If they ask you information about your ex's financial setting, you can provide them with whatever details you are aware of as well.
my son died from cancer 3yrs 1 mo ago, attending physician was dr wax who treated him for 2 yrs at summit me group now known as summit health. he died at overlook hosp summit 9/16/20. dr. wax saw him on each occasion when he was admitted to overlook, my son received chemo and other treatments and... View More
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answered on Oct 22, 2023
If you wish to correct the cause of death on a death certificate in New Jersey, you may consider consulting with an attorney well-versed in medical malpractice or health law. They can guide you on the appropriate legal steps to take in challenging a medical determination. You might consider... View More
answered on Oct 15, 2023
If your spouse has failed to comply with financial obligations owed to you under the terms of your divorce agreement or court order, an application to the court for relief is filed in the family court. If you file it in small claims court, the judge will most likely transfer your application to the... View More
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answered on Oct 10, 2023
In New Jersey, once a settlement agreement is signed during an Intensive Settlement Conference (ISC), it is generally considered binding. Altering the agreement after signing is challenging unless both parties agree to the change or if there's evidence of fraud, misrepresentation, duress, or... View More
answered on Oct 11, 2023
1. were you represented by an attorney at the ISC?
2. After you signed the "settlement agreement" at the ISC, did you appear before a judge for purposes of the judge granting the divorce?
3. Was it a formal settlement agreement or a settlement term sheet?
4. Were... View More
Poa refuses to give a caregiver agreement and pay I live in New Jersey
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answered on Oct 10, 2023
In New Jersey, it's illegal to record someone without their consent in places where they have a reasonable expectation of privacy, like a home. This law is primarily focused on audio recordings, but video can also be invasive, especially if it captures private or intimate situations. If you... View More
Son was hit
answered on Oct 11, 2023
I would start off by filing a criminal complaint of assault with the local police department, in the town where the incident occurred against the uncle who struck your son. While you are at the police department, you can inquire as to whether you can file a domestic violence complaint as well as a... View More
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answered on Oct 3, 2023
In New Jersey, once you reach the age of 18, you have the legal right to possess your personal identification documents, such as your birth certificate and social security card. Withholding them may be seen as withholding personal property. However, circumstances can vary, and it might be helpful... View More
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answered on Oct 15, 2023
In the U.S., once you reach the age of majority (usually 18 in most states), you have the right to possess and control your personal documents, including your birth certificate and Social Security card. While your mother might have had the right to hold onto these documents when you were a minor,... View More
He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More
answered on Sep 25, 2023
An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More
I have a sample qdro from plan administrator which I am completing based on jod but there is a part I don’t understand what they want. It reads: “This order is issued (cite specific provisions of the state domestic relations statute which order implements)
answered on Sep 25, 2023
QDRO stands for qualified domestic relations order.
As a general statement, qdro's are used to divide employment-related retirement assets subject to division in a divorce order or contained in the divorce settlement agreement.
If there is a divorce judgment/settlement... View More
Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?
answered on Sep 6, 2023
As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
answered on Sep 5, 2023
I dont mean to be rude but I think the answer is that you probably have not spoken with a family law specialist. Under the statute, the probation department is to stop collecting child support when an individual hits the age of 19 unless the individual is pursuing a higher education, and then the... View More
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