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New Jersey Child Custody Questions & Answers
3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: my daughters dad has told her on at least 2 occasions to lie to me. I have written proof. Is this parental alienation?

My daughter just turned 10. My relationship with her dad lasted 12 years and it was toxic and I was abused by him. He was a pathelogical liar. Well now he is coaching my daughter to lie and I have written proof for 2 incidents. My daughter is now lying so bad it is hurting me to see. Her dad... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 26, 2022

Thank you for your question. It sounds like it is very stressful not to have much decision making in your child's life. Proving parental alienation is a complex, and largely undefined endeavor. It sounds like you might want to make a motion to change parenting time or custody. That process... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

Is there any time frame for decision?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

This question was previously asked and answered. Repeating it will not change anything.

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Richard Diamond
Richard Diamond
answered on Apr 18, 2022

I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: If I went to NH and filed for a petition and granted custody of my granddaughter due to being left alone for days and

And the mom is using drugs and threatening to Jill themselves and very abusive verbally to the 14 year old. What does the Mom have to do to get the child back. And what do I have to do to keep her since she is the one that called me and said she wasn’t safe

Richard Diamond
Richard Diamond
answered on Apr 14, 2022

Im not sure what the term "NH" refers to but presuming you are referring to the Department of Child Protection and Permanency ( DCPP), you can contact them to express your fears about your grandchildren's care and provide the investigator with whatever proof you have as to the drug... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 28, 2022

As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can the court make you take classes over one incident between the parents?

Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?

Bari Weinberger
Bari Weinberger
answered on Mar 25, 2022

Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can a student court ordered weekly joint custody be picked up and dropped off each week at the ordered residence.

School district transportation. Each court ordered parent lives in the school district.

Pemberton Township School District, New Jersey.

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

I think what you are asking is whether your court order can require the school district to pick up / drop off your child at your bus stop on your parenting days and pick up / drop off your child at your ex's bus stop on his / her parenting days? My experience is that most (most if not all)... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Can a parent lose possibility of custody for withholding the child from the mother before a court hearing ?

My sons father moved to another city in New Jersey and has not let me see my son for two months, brought him to me for one night and when he did I noticed bruises on both sides of this thighs. When I gave him back Sunday he then blocked me from all social medias, phone numbers and my family as... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 5, 2022

Realistically your question calls for speculation that is beyond the scope of this forum. Anything is possible. Significantly more facts are required to provide answers. You really need to retain an experienced matrimonial (family law) attorney to represent you. Good luck.

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Joint Custody for grandchild. No legal issues or court orders.

Mother has full custody/father gave up his rights. There are no issues. Child has been in our care since birth. Mother was a teen at time so we helped raise child. I’ve always been primary caregiver to child who is autistic on lower end of spectrum. Mother, in best interest of child allowed me to... Read more »

Richard Diamond
Richard Diamond
answered on Mar 3, 2022

I mean no disrespect but I'm not sure I understand the question. At the time of the birth of your grandchild, your daughter was a teenager and because your grandchild was on the spectrum, you handled a tremendous amount of the day-to-day responsibilities of raising your grandchild and you have... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Im looking to relocate with my daughter to Florida next year. I am divorced and would like to know what are my options.

We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 28, 2022

You either need the written consent of the other parent, or a court order permitting you to relocate with the child out of state. If you don't have the other parent's consent, then I strongly suggest you consult with a qualified family law attorney.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Feb 22, 2022

Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: How often should a client receive statements from divorce attorney? Haven't received 1 statement since hiring 7 mo ago.

Attorney rarely responds to emails, cancels most scheduled calls, she's not responding to opposing counsels emails or calls. At what point can I file a complaint to the NJ Bar?

Richard Diamond
Richard Diamond
answered on Feb 17, 2022

As a general statement, most lawyers send out statements monthly or every other month. I dont know if you retained a lawyer on a flat fee basis or if you paid a retainer with the lawyer working against the retainer, but the easiest way to find out the status of your setting with counsel is to call... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Civil Rights for New Jersey on
Q: Does my case qualify for a Removal From State to Federal? Divorce was filed may 2019. The same time the Covid Pandemic..

was sweeping the nation. Motions and evidence submitted have never been acknowledged despite having the usps return receipts to prove they were recieved. After an emergency child support hearing garnished 66% of my wages including paying for daycare that was closed due to the pandemic I had to file... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 9, 2022

Divorce cases are rarely if ever removed to Federal Court. If you don't like a trial court ruling you can appeal to the Appellate Division. But statistically you will lose.

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am plaintiff and Prose in my New Jersey child custody case, I have sent Discovery documents to Defendant attorney

am plaintiff and Prose in my New Jersey child custody case, I have sent Discovery documents to Defendant attorney, I did not received response. Its more than 40 days. Summon says 30 days. What do I do now?

Bari Weinberger
Bari Weinberger
answered on Feb 3, 2022

Thank you for your inquiry. I am so sorry to hear that you are going through this difficult time. If the other side is not complying with deadlines set by the Court, it would be appropriate for you to send a letter detailing the deficiencies and then file an application with the Court to enforce... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If someone was fighting for custody, could they use video footage (from a baby camera inside the home/bedrooms,etc)

Showing domestic violence as evidence in court? Does the person have to consent to being recorded? Or just be aware of the camera? Do they have to know it’s recording and saving?

Richard Diamond
Richard Diamond
answered on Jan 31, 2022

My suggestion is that you meet with a divorce law attorney to help educate yourself on how to present evidence at a domestic violence trial. Giving you a simple yes or no answer will not help you unless you know how and under what circumstance a court will permit it to be used.

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