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New Jersey Child Custody Questions & Answers

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on

Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for New Jersey on

Q: I was assaulted in on Friday August 2nd I have the police report and it's put the nature of the call was a disorderly p

On the paper says that the additional offense POLI police information judicial status zdbr I am lost at what is going on.

H. Scott Aalsberg Esq. answered on Aug 7, 2019

This is information for the police and court, don't worry about it just go to court when you get a notice to attend.

2 Answers | Asked in Divorce, Child Custody and Child Support for New Jersey on

Q: What happens if I cannot afford a divorce?

I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »

Leonard R. Boyer answered on Aug 1, 2019

You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.

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1 Answer | Asked in Child Custody and Family Law for New Jersey on

Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child

Noel Rivers answered on Jul 26, 2019

If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on

Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued

James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on

Q: My son is currently incarcerated, his ex girlfriend is seeking sole physical custody and wants to Florida with the kids

Ages ,16, 12, and 6. Can the courts stop her from doing this?

Teresa L. Reichek answered on Jul 15, 2019

There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.

You can also file a grandparents' rights petition....
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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.

How can we go about getting full custody.

Teresa L. Reichek answered on Jun 20, 2019

You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on

Q: What will happen in court on the June 24th. Will the judge grant him.

We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »

Leonard R. Boyer answered on Jun 8, 2019

There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But,... Read more »

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2 Answers | Asked in Child Custody and Child Support for New Jersey on

Q: If mother has no custody but visits the child once a month can I file for child support ?

Andrew M Shaw answered on Jun 6, 2019

Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on

Q: Do I need to be specific when asking for evidence from opposing attorney?

I live in New Jersey and as of now I'm representing myself in a child custody case. I know I'm allowed to ask the opposing parties attorney for evidence but he also told me I needed to send him a letter in the mail requesting the evidence and told me to be specific on what I'm asking for...would... Read more »

Adam Brown answered on Apr 14, 2019

You have the opportunity to conduct what we call "discovery."

There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into...
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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Hi, I need consultation, can I get child support and legal custody agreement

we both are undocumented alien

we don't have legal agreement about child support just verbal agreement,but his father not fallow verbal agreements.

we don't have agreement about child support.

most of the time my son live with me (5 days /week with me ,2 days/week with his... Read more »

Santo Artusa Jr. answered on Feb 28, 2019

Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.

Sincerely,

Santo V. Artusa.

Artusa Law Firm.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Are most judges willing to approve changing a childs last name if the father is absent from their life

Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.

Leonard R. Boyer answered on Jan 30, 2019

Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for New Jersey on

Q: Can I legally move out and live with an 18 yr old or older without parental consent at age 16?

Leonard R. Boyer answered on Jan 19, 2019

No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.

1 Answer | Asked in Family Law and Child Custody for New Jersey on

Q: If I can't afford to live in the state of New Jersey can I relocate back home with my son if we lived there 4 yrs ago?

Ex husband doesn't consent to me moving back home but I explained to him I have no help here and I can't afford to live here with my three boys I don't even get paid this states child support .

Leonard R. Boyer answered on Jan 12, 2019

You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on

Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?

Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active in my... Read more »

Bari Weinberger answered on Jan 3, 2019

Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on

Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

i have been going for substance abuse treatment for 3 month and have been compliant. i still test positive for marijuana and i stopped going to treatment for two weeks, now my substance abuse treatment center is closing my patient case as non compliant. how can i fight this and stop having to go to... Read more »

H. Scott Aalsberg Esq. answered on Jan 3, 2019

Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

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1 Answer | Asked in Child Custody for New Jersey on

Q: I just got married yesterday and i wanted to know if i could sign my rights over to my husband?

Can i choose who i want my child to live with in the state of Camden, New Jersey? If my husband signed the birth certificate and her last name is changed to his is he considered her dad?

Bari Weinberger answered on Jan 3, 2019

Thank you for your question. Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for New Jersey on

Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a

My wonnHas a mild learning disability and she speaks English to assure the medical and educational well being of my children. I am their father and she wants to take them to St Lo hi is Missouri where her sister lives . By law can she just pick up and go

Leonard R. Boyer answered on Dec 25, 2018

NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on

Q: How can my retained lawfirm get all records of filings, hearings and court orders in my custody case?

I retained this firm back in July. They have billed me for $25,000 so far and are asking for more retainer. We've been to court unprepared because they didn't have all that information. Now they're telling me the only way they can get it is if the most expensive attorney on my case goes to get it... Read more »

Leonard R. Boyer answered on Dec 8, 2018

That is completely absurd and obscene. Contact the NJ State Bar Ethics committee and report this. You should get a significant refund it not all of it. You really need a new law firm. The Court file if it is still in the local court can be copied at the Court by paying the Court the required fee... Read more »

1 Answer | Asked in Child Custody for New Jersey on

Q: I’m in the middle of an divorce. The apartment we live in lease end in 3 weeks and we going split. We have 3 kids

We had an agreement that I would take the oldest two and she will take the youngest. I have no paperwork on that agreement. How can I get temporary custody of our kids I don’t think she have a place to go.

Leonard R. Boyer answered on Dec 8, 2018

To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find... Read more »

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