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New Jersey Child Custody Questions & Answers
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 »

1 Answer | 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 »

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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: Hi. I have a custody question.

I live in NJ. I have two kids, 15 and 11. They no longer want to live with their mother. She beats them, cuss and threatens them constantly. I wanted to keep her in their lives, but they are getting tired of her. And want to come with me full time. As of now, We share joint residential custody.... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jun 3, 2020

Thank you for your question. I am sorry that you and your children have to deal with such a distressing situation. The short answer is you can file a motion. The specifics are more complicated than that, and would be tailored to your specific situation. A change in primary custody in New Jersey... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: In NJ does Sole Custody include physical and legal custody?

My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »

Richard Diamond
Richard Diamond answered on May 7, 2020

Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.

Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial...
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2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

Richard Diamond
Richard Diamond answered on Apr 28, 2020

You are not going to like my response.... but I dont think I have ever met a 16 or 17 year old ( including myself when I was that age) who did not argue / fight with his / her parents. The fact that you and your parents are fighting does not mean that you are wrong or that they are wrong.... simply... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: I have residential custody of my child who is 13 1/2 yrs old. His father and friend live 1 hr away.

Concerned about him going there for spring break I have Diabetes type 1. Hypertension and stage 1 kidney disease. He won’t tell me where he and his friend have been. There is no verbal communication. how do I handle this during this pandemic.

Teresa L. Reichek
Teresa L. Reichek answered on Apr 15, 2020

Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.

In general the courts are not considering "what if" scenarios, they are enforcing...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: HELP!! I need clarification of custodial parent living distance from non custodial parent after remarriage.

I live in NJ and is the primary custodial parent of my 2 kids. Can I move where my fiance lives after we're married? He lives 50 miles outside of where we live... actually 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside of a 50 mile... Read more »

Richard Diamond
Richard Diamond answered on Apr 8, 2020

A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Help!! Need clarification of custodial living distance after remarriage.

I live in NJ and am the primary custodial parent of my 2 kids. Can I move to where my fiance lives after we're married? He lives outside of 50 miles from where I live... 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside a 50 mile radius.... Read more »

Richard Diamond
Richard Diamond answered on Apr 1, 2020

Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: What to do when the mother refused to give me my daughter during my parenting time? Can I get custody back?

Hi, I am divorced since 2015, I have the father with set visitation. I live in NY and the mother lives in Monmouth County NJ, 60 miles away. She has full custody. Very often I travel 1.5 hours to pick up my daughter and then the mother refuses to let her go with me. When I call the police they just... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Mar 23, 2020

Thank you for reaching out. I'm sure this is a difficult and stressful situation for you. There are several things you could do involving the court system. If you feel your daughter is in danger you could file an Order to Show Cause.

More likely, you will need to file a Motion for...
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