New Jersey Child Custody Questions & Answers

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

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Apr 14, 2019
Adam Brown's answer
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 evidence.

Adam

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Answered on Feb 28, 2019
Santo Artusa Jr.'s answer
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.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Answered on Jan 30, 2019
Leonard R. Boyer's answer
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 handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). Do...

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

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for New Jersey on
Answered on Jan 19, 2019
Leonard R. Boyer's answer
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.

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?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Jan 12, 2019
Leonard R. Boyer's answer
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 in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a...

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

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Answered on Jan 3, 2019
Bari Weinberger's answer
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 specific case.

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

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Answered on Jan 3, 2019
H. Scott Aalsberg Esq.'s answer
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.

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

1 Answer | Asked in Child Custody for New Jersey on
Answered on Jan 3, 2019
Bari Weinberger's answer
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 that you can review those factors with the attorney and better understand your rights and options.

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

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for New Jersey on
Answered on Dec 25, 2018
Leonard R. Boyer's answer
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 could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it...

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

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Answered on Dec 8, 2018
Leonard R. Boyer's answer
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 per page. If the file is in the Court storage system in Trenton, it will take long to obtain, but it will not even cost $500.00 worst case scenario, unless transcripts of Court proceedings have to be...

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

1 Answer | Asked in Child Custody for New Jersey on
Answered on Dec 8, 2018
Leonard R. Boyer's answer
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 and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

Q: What are the guidelines for terminating parental rights? What will I need to prove?

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Answered on Dec 1, 2018
Leonard R. Boyer's answer
This is far too complex a question to be answered by anything other than a personal consultation with an experienced matrimonial attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. You also need to ask the attorney about their experience with this type of case.

Q: My ex and I share custody of our 10-year old, but I do not approve of his new gf who is a stripper.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Nov 21, 2018
Leonard R. Boyer's answer
You can try by retaining counsel to bring an appropriate motion before the Court to address your concerns, but unless your daughter tells you what is going on, you will never really know. 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 and remember...

Q: My ex wants to bring the kids in on custody to ask what they want in front of the judge - can I fight this?

1 Answer | Asked in Child Custody for New Jersey on
Answered on Nov 10, 2018
Leonard R. Boyer's answer
That will depend on the ages of the children. If the children are too young, they will not be allowed to be involved. Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there are other factors that go into determining a child’s best interests and which custody arrangement can best serve those interests.

These factors include:

Your child’s relationship...

Q: HOW CAN I GET A PROBONO LAWYER TO HELP WITH A SERIOUS CUSTODY CASE?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Oct 27, 2018
Leonard R. Boyer's answer
Call legal services in PA and see if they can help you.

Q: There's a court order for parenting time with my kids, I haven't talked to or seen my kids since the end of Fed. 2018.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Oct 15, 2018
William N. Sosis' answer
Children have a right to see both their parents. A custodial parent cannot unilaterally decide to stop the other parent from parenting his children and being part of their lives. Unless your Order prohibits your parenting time or imposes certain restrictions then it's likely your parenting rights have been violated and you need to have the court enforce your rights. You need a family law attorney to review and discuss the matter with you. Contact a family law attorney that will give you a...

Q: Can I lose a child custody battle just because I use medical marijuana to sleep at night?

1 Answer | Asked in Child Custody for New Jersey on
Answered on Oct 14, 2018
Leonard R. Boyer's answer
It could certainly be an issue, but an in person consultation would be required to determine that. 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 and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never...

Q: i had to vacate the default in my divorce. how do I move forward now? i need to add to my Answer which was already filed

2 Answers | Asked in Child Custody and Divorce for New Jersey on
Answered on Oct 13, 2018
Leonard R. Boyer's answer
This is far from a do-it-yourself project. A Default can be vacated, but you must retain an experienced matrimonial attorney to handle this for you, otherwise you are going to have worse problems, than you can possibly imagine. They tell even attorneys, that if you try to represent yourself, you have a fool for a client. You have to remember, that you are emotionally involved in this case, which will compromise your thinking and Judgment. To properly answer your questions and address your...

Q: My court order regarding child custody says I need to address factor 8 under NJSA 9:2c. 7. What does this mean?

1 Answer | Asked in Child Custody for New Jersey on
Answered on Aug 31, 2018
Bari Weinberger's answer
Thank you for your question.

I would need more information to better advise you on your situation. I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary actions needed to take place pursuant to the Court Order.

I hope this information was helpful to you.

Q: In recovery with 2 children. They reside with their grandparent who limits me to 8 hours/wk. How can I get them back?

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Answered on Aug 29, 2018
Adam Brown's answer
Very much of the answer depends on the court order. I do think you have recourse, however, a lawyer will need more information about the case. If there is a court order, you need to show a substantial change of circumstances affecting the welfare of your children to modify the order.

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