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New Jersey Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: how do I request subpoena for the body cam footage?

I'm in New Jersey and incident happened in Los Angeles.

this case is closed already and it's been around 5 months.

My family just want to see the body cam footage from that day.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 18, 2021

You would need to post your question in the CA part of this website as a NJ attorney would not know the law for CA.

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: How do I get a discrimination lawyer
Tim Akpinar
Tim Akpinar answered on Oct 17, 2021

You could use the Find-a-Lawyer tab above. You could search independently on your own online. You could check the resources of the New Jersey State Bar Association. A local library might be able to offer additional resources. Good luck

Tim Akpinar

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: police gave me ticket 39:4-215 for parking in front of my apt. BEFORE they posted temp. "no parking" signs" the next day

There was a city parade the next day -- Saturday -- so they towed me. They didnt charge me for the tow but mailed me a ticket. When I parked there the night before the parade -- Fri night -- no signs were posted. The next day, I stayed home all day, they towed me. They did not attempt to contact... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 15, 2021

Sounds like you have a good defense for the ticket if what you say is true. But as they say their is two sides to every story so winning will also depend on what the officer will say.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Tax lien owner needs assistance with pursuing a foreclosure on a property that has been abandoned for more than 1 year

municipality refuses to declare property abandonded although it qualifies based on the guidelines under the njsa 55:19-55. property located in mullica township, NJ

Leonard R. Boyer
Leonard R. Boyer answered on Oct 15, 2021

N.J.S.A.  54:5-86(b)  allows public officer  or tax  collector  to  sign  certification  waiving two year  waiting  period  for  third party lienholder to foreclose  and gets abandoned property  foreclosed  faster and returned  to  tax rolls. Tax lien foreclosure has strict rules... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I have more time to move out?

I live in NJ. My landlord gave us notice that he will not be renewing our lease in January. It is a two family home and the landlord resides in the other unit. However, due to Covid we are a family of 4 with a one income household. Unfortunately we have no savings to just move out. Can we request... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 14, 2021

Yes, do not vacate when requested. NJ does not recognize self help. The LL will be required to file an action in court for possession. Make sure you attend all court proceedings. If the court enters judgment for the LL, ask the court to stay the eviction proceedings. The court has the power to stay... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: My ex husband refuses to sell marital home and won't sign the papers. What can I do?

We divorced in 2013. House was underwater heading to foreclosure. Judge said my 4 kids and I could remain in home as long as I kept up with all bills. Ex had nothing to gain so he agreed. In those years I managed to gain equity in home and I'm ready to sell. I have already moved out and my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2021

You may file an action in court called partition. The Court has the power to compel a sale. Speak to an attorney with litigation and real estate experience.

1 Answer | Asked in Family Law for New Jersey on
Q: How do I find out what my case number is for a Family Court Custody matter in Ocean County, NJ?
Richard Diamond
Richard Diamond answered on Oct 13, 2021

If you or your spouse filed a divorce or custody complaint with the court system in NJ, the document would have a docket number on it next to the caption starting with FM- or FD- ____. That is your case number and whenever you file anything with the court system, you must reference that docket... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: how do I request subpoena for the body cam footage?

I'm in New Jersey and incident happened in Los Angeles.

this case is closed already and it's been around 6 months.

My family just want to see the body cam footage from that day.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 12, 2021

You need to place your answer under the California section as only a california lawyer can tell you the answers you need.

1 Answer | Asked in Family Law for New Jersey on
Q: What is my liability in this case? Do I need a lwayer?

Good morning. I purchased a house in NJ back in 2001. My girlfriend, who lives with me gave me some funds at the time, but the house is in my name. She had a stroke back in 2017. She has been in three different nursing facilities in order to help her out. Now she is at home (with aides coming... Read more »

Richard Diamond
Richard Diamond answered on Oct 12, 2021

You purchased a home in your name in 2001. To help with that purchase, your girlfriend put up money as well, which money presumably you never paid back. In 2017, your girlfriend had a stroke and is disabled as a result and requires assistance. Initially, she was in and out of 3 separate longer term... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What crime is under nj code 2316619?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 11, 2021

Honestly I have never seen that number before for a crime. Most crimes start with a 2C

1 Answer | Asked in Criminal Law for New Jersey on
Q: I received a $50 trespassing on railroad property ticket in north Bergen new Jersey back in 2016.

For not paying I received a warrant and had my license suspended. Would I still have the warrant and would I be able to work on getting my license back?

Amber Forrester
Amber Forrester answered on Oct 11, 2021

It’s very unlikely that the warrant would have been rescinded without being addressed. You should contact the court to find out how you might go about handling the warrant, and the original ticket (though if it’s trespassing, it’s probably not simply a ticket you can pay but a lower level... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.

Michael Andrew Conte
Michael Andrew Conte answered on Oct 8, 2021

I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: I need a pro bono lawyer take my son's case. He charged with aggravated assult. Being held in bcj .

He has been he hasn't even been to court for this. I've talk to few lawyer they want 3.ooo 4500 an 15000 I don't have any of this. I think he being charged wrong he was defending him self. But idk wasn't there. There is covic in the jail. It's really bad he can't get... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

Tell him to request a public defender, he does not have to defend himself if he doesn't have the money to afford a lawyer. As for the case standing still unfortunately due to covid cases are moving much slower than prior to the pandemic.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hello my son has an aggravated assult on him he's in Burlington county jail now I really don't have money for a lawyer

They want 15.000 one wants 4.500 one wants 3.000 my husband recently passed in July so I'm out of work any way he could get a pro bono lawyer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

If your son is indigent and cannot afford a lawyer, the court will appoint an attorney for him called the public defender. That being said he needs to tell this to the court that he does not have the money for an attorney.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

Nina Whitehurst
Nina Whitehurst answered on Oct 7, 2021

As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: How can I transfer my ASUME PR case to where I'm leaving now? I'm currently in Elizabeth New Jersey.

My son's father owes a lot of money to child support. I've been leaving in New Jersey for over 3 years and haven't found how can I transfer my case. Please help. Thank You!

Richard Diamond
Richard Diamond answered on Oct 7, 2021

I am going to presume that you have an existing probation department account elsewhere and your ex was obligated to pay his child support through that account.

Your ex was in arrears on his child support payments and owed you a lot of money.

You then moved to NJ 3 years ago, and...
Read more »

2 Answers | Asked in Personal Injury for New Jersey on
Q: Can a person who has been attacked on Walmart property sue walmart

Weapon involved (machete)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 6, 2021

Yes the person can sue Walmart, one of the grounds could be for failing to provide adequate security, but a lawyer would need much more information to tell you if you had a "good suit" I suggest that you setup one of the free in office consultations that most of us lawyers offer for this... Read more »

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1 Answer | Asked in Adoption for New Jersey on
Q: i had my step daughter living with me since she was 3,i am married to her father,her mother is a cocain head,can i file

for adoption ,my step daughter is 10 now

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

You need to retain an experienced matrimonial attorney, who will file a complaint to involuntarily terminate parental rights of the mother and for you to adopt the child.

1 Answer | Asked in Bankruptcy for New Jersey on
Q: Are non lawyers allowed to prepare bankruptcy petitions in nj
Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

Not legally and why would you want one. Bankruptcy is a very complex area of law and a significant number of things can go wrong in what you might consider a simple Chapter 7 Bankruptcy. Only licensed attorneys are licensed to practice law. Choosing a cheap attorney can often lead to expensive... Read more »

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