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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How to relinquish parental rights and not pay child support?
Richard Diamond
Richard Diamond
answered on Dec 18, 2024

There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More

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1 Answer | Asked in Family Law, Animal / Dog Law, Appeals / Appellate Law and Domestic Violence for New Jersey on
Q: In Huson, County N.J. how can some desperate person make up a story that they live with you....without any form of proof

get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More

Richard Diamond
Richard Diamond
answered on Dec 13, 2024

I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I live in an inherited property w/ my husband & then sell & buy a new property, does my husband have claim if divorce

Property is in Nj and was inherited before meeting husband. Would be buying in either FL or PA in cash in just my name.

LaDonna M. Cousins
LaDonna M. Cousins
answered on Dec 11, 2024

To ensure the asset is separate and to protect it from any claims that could be made, consider entering into a Post-Nuptial Agreement. The Post-Nuptial Agreement can confirm that it is both of your intention to keep your inherited property as well as any subsequent asset you purchase or acquire... View More

2 Answers | Asked in Family Law and Adoption for New Jersey on
Q: If you have a 30 year old restraining order can you adopt a grandchild

Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?

Richard Diamond
Richard Diamond
answered on Dec 11, 2024

It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.

My suggestion is that you schedule a...
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1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: I purchased a certified pre-owned vehicle Feb 2024, Its already sitting at the dealership as an expensive paper weight.

I purchased my 2019 Chrysler Pacifica from a big name dealership. It came with a certified pre-owned warranty. I also purchased a extended warranty from the dealership. Fast forward to October, I sent the vehicle to the dealership for concerns of over heating and what felt like a misfire. I stopped... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024

You need to retain an experience civil litigation attorney. There are numerous grounds that can be put into a legal complaint against them. The most important cause of action will be the New Jersey Consumer Fraud Act violation. That would entitle you to triple damages plus attorneys fees. However... View More

1 Answer | Asked in Family Law, Banking and Divorce for New Jersey on
Q: Can a PoD designation ever be reversed or nullified in the state of New Jersey? If so, how?

My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law and Family Law for New Jersey on
Q: On Nov 12 2024 the Appellate Court Judge ordered that my great granddaughter(currently pending adoption) shall not be

removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia

How can they over rule judge's order?

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?

Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More

1 Answer | Asked in Education Law for New Jersey on
Q: Can a school suspend my son if has an IEP

He has adhd,odd,anxiety,ocd, tourette and coordination problems

Stuart Nachbar
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Stuart Nachbar
answered on Nov 27, 2024

I don’t know how old your child is so this is kind of generalized;

In New Jersey, a school can suspend a student with an Individualized Education Program (IEP) for up to 10 consecutive school days, as long as the suspension is not considered a change in placement. The school district...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: do I owe my exwife half the car and security deposit (we rent) ? not divorced yet. they are cheating, NJ. please help

my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.

we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More

Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Richard Diamond
Richard Diamond
answered on Nov 21, 2024

The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.

Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

Clifford B Cohn
Clifford B Cohn
answered on Nov 17, 2024

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2024

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

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1 Answer | Asked in Family Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am wondering if someone could help me answer questions about my case as a minor.

I am a minor charged with 2nd degree sexual assault and 3rd degree endangering the welfare of a minor. I am not allowed to live at my home and i am not allowed to have contact with anyone under the age of 18 preventing me to talk to my friends and go to school. I wanted to ask a few more questions... View More

Clifford E. Lazzaro
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Clifford E. Lazzaro pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

To fully answer your question, I must review your judgement of conviction or juvenile disposition sheet as well as a copy of your case file.

On sexual assault convictions and endangering the welfare of a child convictions related to inappropriate sexual contact, there is PSL, which stands...
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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can multiple charges be added to a single ticket after being issued when a vehicle was not stopped on public road

Vehical was parked on private property not pulled over by law enforcement

Trevor J Lushanko
Trevor J Lushanko
answered on Nov 8, 2024

Yes, it is possible for charges to be added to a citation or ticket after it was issued. The fact that the vehicle was parked on private property does not necessarily prevent additional charges from being added. When a cop issues a ticket or citation, it is typically sent to the local prosecuting... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: How to get rid of a warrant?

My friend was driving without a license and given a ticket. I’m assuming she also got a court date but she missed it and never received anything in the mail because she moved to a new address. Because she missed the court date, she now has a warrant and we would like to know how she can get rid... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 29, 2024

A good lawyer can help your friend by turning her into the court and thus keeping here most likely out of jail on the warrant, then a new court date will be set. That being said, based on what she is charged with again a good lawyer may be able to help keep her out of jail on the original charges.... View More

1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?

I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

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