Their mother took them into a battered women's shelter, but I have custody of them.

answered on Feb 22, 2023
Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... Read more »

answered on Dec 24, 2022
The judge in a custody case is the wrong person to be discussing this matter with.
You need to communicate exclusively with the detective assigned to investigate the criminal complaint.
Don’t even bring the subject up in the custody case or the perpetrator will be able to use... Read more »
Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... Read more »

answered on Dec 5, 2022
The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... Read more »
My mom says she doesn’t want my daughter and verbally and emotionally abused her. I’d like to overturn the adoption and get my rights back

answered on Nov 1, 2022
The first question is whether your mother formally adopted your daughter or whether she simply took guardianship of her as a result of your incarceration. But, if your mother no longer wants control over your daughter and you are able to handle the responsibilities, then ask your mother to sign... Read more »
he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

answered on Oct 17, 2022
There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... Read more »
My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son... Read more »

answered on Oct 12, 2022
Tell him to retain a qualified family law attorney:
N.J.S.A. 9:2-2 states the following:
When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or... Read more »
I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or
Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... Read more »

answered on Oct 6, 2022
You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... Read more »
The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

answered on Aug 8, 2022
Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's... Read more »
Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

answered on Jul 25, 2022
You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... Read more »
This is the 2nd time I get him and he has a alarming mark on him. First time a deep scratch on pubic area. Today 3 red mark on the side of his neck. I asked father both times with pics and he says he knows nothing about that. I’m worried and I want to know what should I do now ?

answered on Jul 19, 2022
Is the reason why you have "sole custody" of your child because of concerns over physical violence from the other parent? I dont know how old your child is but if you have concerns over the presence of marks after a visit, then contact DCPP and let them know what your concerns are and let... Read more »
My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.

answered on Jul 8, 2022
Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state... Read more »
Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »

answered on Jul 3, 2022
Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... Read more »

answered on Jun 13, 2022
That is a good question and one where family law attorneys earn their keep. You need to sit down with a family law attorney to map a master plan to address the issue of non-compliance and the timing of an application to the court for relief. The purpose of sitting down with the lawyer now is to... Read more »
are results admissable in family court

answered on Jun 8, 2022
I presume that there is an issue outstanding as to drug use and either your spouse, former partner, DCPP, there is an application before the court to compel you to submit to a hair follicle test or there is a court order entered requiring the hair follicle testing.
The bigger question has... Read more »

answered on Jun 6, 2022
I'm sorry but I do not understand your question since you are the other parent of your child and presumably, you have a custodial role in your child's life? My sense is that your ex and your child live in another state and there has been a discussion about your child coming to live with... Read more »
Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

answered on Jun 2, 2022
you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read 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.