Greetings,
I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023
The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More
My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More
answered on Nov 15, 2023
Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or the person with whom the child is residing... View More
My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More
answered on Nov 9, 2023
The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More
My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More
answered on Nov 14, 2023
Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More
My girlfriend’s ex husband is attempting to take her kids out after an event on her night. He has invited family out to dinner and thinks he is taking them. Per the divorce agreement and parenting schedule it is her night . If he physically tries to take them am i able to stop him
answered on Oct 30, 2023
I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More
Kids are twins who are 6 and a 13 year old.
answered on Aug 10, 2023
First question: where is your daughter in this equation?
Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?
As grandparents, you can try and talk with your former son in law and tell him that you are willing to... View More
Everyone resides in New Jersey and we have joint legal custody of our son
answered on Jul 13, 2023
The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.
Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are... View More
Our court order/parenting plan doesn’t say the parenting time schedule changes when there is no school. The NCP has proposed a schedule for when our child doesn’t have school that includes longer parenting time and an additional overnight a week since our child is not in school. My child does... View More
answered on Jun 12, 2023
There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of... View More
we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2023
A full custody case is a very expensive proceeding, which will require expert testimony. You need to make sure that you have the resources to retain the attorney and the necessary experts that will be required. You do not want to bring a case for custody and lose for lack of resources. With modern... View More
we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... View More
answered on May 22, 2023
Thank you for your question. It sounds like there are several variables in your matter. A consent order for civil restraints is generally not entered without the consent of both parties. That being said, the best thing to do is have a consultation with an experienced family law attorney who can... View More
answered on May 5, 2023
If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More
Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.
While I'm being ignored, court was adjourned twice and then canceled today.... View More
answered on May 4, 2023
The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More
answered on Mar 20, 2023
The starting point is the actual language of the settlement agreement.
While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak... View More
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023
Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... View More
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More
answered on Mar 24, 2023
Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... View More
We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.
answered on Feb 19, 2023
The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... View More
And what can I do to get visitation rights if my kids live in another state
answered on Feb 17, 2023
In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.
Separately, I gather you live in New Jersey and your spouse and children live in a different... View More
And what can I do to get visitation rights if my kids live in another state
answered on Feb 21, 2023
Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... View More
In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... View More
answered on Jan 12, 2023
Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More
answered on Dec 28, 2022
A witness list is an identification of the witnesses you plan to call at trial. I am sure that the court also required you to submit a pre-marking schedule of documents you plan to you on your case starting with a complete listing of each document. As part of the pre-marking requirement, I am sure... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
