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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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2 Answers | Asked in Child Custody and Legal Malpractice for New Jersey on
Q: Is a judge in possesion of evidence in a case he is presiding over legally bound to present it in court
Leonard R. Boyer
Leonard R. Boyer answered on Feb 11, 2021

That is not the function of a Judge. What you really need to do is to retain an experienced matrimonial attorney to represent you. There is nothing even remotely resembling legal malpractice. Besides, how do you know what a Judge possesses? Even if that is true, that does not mean it is admissible... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: How to file for joint custody if I don't know where my child lives in another state
Richard Diamond
Richard Diamond answered on Feb 5, 2021

1. When was the last time that you saw your child?

2. Is there a court order in existence that acknowledged you as the biological father of the child?

3. If an order is in existence, was it entered by the court in New Jersey or by a court in another state?

4. Do you...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: My exwife withholding my child during one year without any reason and violating court order where we have visitationtime

After I remarried my exwife start to withhold my son from me. One year I don’t see my son. She completly stop all communication with my son. Before she took away his phone he texted me that he love me and want to see me so much. What should I do at this case and can I fight in court for sole... Read more »

Richard Diamond
Richard Diamond answered on Jan 27, 2021

You need to schedule a consultation with a "certified matrimonial trial lawyer by the New Jersey Supreme Court" to discuss what has taken place and how to get your parenting time rights re-established. I dont know if what you filed with the court was filed incorrectly or if there is... Read more »

3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: I have joint custody of my 16 and 11 year old children in NJ. My ex wants to move out of the country with the kids.

We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2021

No! Your ex-wife must make a motion with the Court to do so. However, if you think there is a real danger of this happening, then you need to be proactive and retain an experienced matrimonial attorney to bring an action before the Court, to impound their passports. It always pays to be proactive... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: I did not include my original MSA in a post divorce motion I filed. I am filing an amended motion. How do I list it?

Meaning it would now be EXHIBIT A, so do I change all of the other EXHIBITS down one in the alphabet (A becomes B; B to C, etc.), or do I add it in with a new letter (R in this case)?

This is just a simple technical question about how to add in an Exhibit. My Motion date isn't until... Read more »

Richard Diamond
Richard Diamond answered on Jan 19, 2021

I don't know what issue is being presented to the court, but if your application seeks reexamination of a support provision of the settlement agreement, you also must file your case information statement from the divorce and file a current case information statement. If you are filing an... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: I have filed a post divorce motion pro se in NJ. Will I be allowed to question her during oral arguments?

My ex has broken previous orders and is withholding my daughters from me.

Richard Diamond
Richard Diamond answered on Jan 4, 2021

Oral argument on motion practice is not the time to "cross-examine" the other side. On a typical "motion day" a family part judge has 10 -12 different applications pending before him and at least 8- 10 applications where the parties were not seeking oral argument. The... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for New Jersey on
Q: I was listed in someone else's custody order out of spite and wasn't informed. What can I do?

I have been dating someone for 18 months. 6 months into our relationship, his soon to be ex-wife, (who had met me and approved of me spending time with her kids and has full custody of them) decided she wanted to be with him again and stopped allowing the visitations she had previously allowed and... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2020

You are not going to like my answer. This is an issue between your boyfriend and his wife as part of their divorce. I have no idea why the wife has decided that she does not want you to be with their children at this point in time but your boyfriend has the right to oppose same and to ask the court... Read more »

3 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 9, 2020

Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hi. I have shared custody with my Ex. What are the relocations laws in Jersey?

I am divorced and the primary custodial parent and my ex has visitation. Our son is 13 years old. I am remarried and we would like to move out of state in a couple of years. My son would also like to. If my ex doesn’t consent, at what age would my son be able to express in the courts his desire?... Read more »

Richard Diamond
Richard Diamond answered on Nov 9, 2020

The law in New Jersey has changed concerning relocation as a result of a recent NJ Supreme Court decision called Bisbing v. Bisbing, which now requires the same legal standard to be applied to a relocation request as applied to virtually all other claims involving children – the “best... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex of 5 years is asking for child support for my 21 and 19 yr old. What is the law?

I live in NJ and have been divorced for 5 years. We had split custody of the children and the child support/alimony was for 10 yrs. My children are going to be 21 and 19 yrs old in the next 2 months. They both work and go to college. My ex makes a really good salary, I am living pay check to pay... Read more »

Richard Diamond
Richard Diamond answered on Nov 3, 2020

The first and most important question is what state entered the judgement of divorce ( if not NJ) and what does the agreement say as to jurisdiction for addressing financial issues outstanding between the 2 of you concerning child support. Presuming you were divorced in NJ and presuming both... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for New Jersey on
Q: I found out recently that my husband has been abusing crystal meth. We have a 6 and 4 year old. He refuses to quit.

He frequently yells at me in front of kids, to point they do not listen to me. He has been using behind my back. We are supposed to be moving to va and buying a house. He says he won't stop until move is done, and turns it around on me for being upset. He has taken my car years ago, and all i... Read more »

Richard Diamond
Richard Diamond answered on Oct 29, 2020

There are specific state resources readily available to you and to your children that I would ask you to consider / reach out to for assistance, starting with the following:

*Domestic Violence Services through state of New Jersey - https://www.nj.gov/dcf/women/domestic/

*Legal...
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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »

Richard Diamond
Richard Diamond answered on Oct 21, 2020

DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... Read more »

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Hi,i do live here in new jersey.my question is my wife wants to move out our home.is it ok to bring my son.

We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks

Richard Diamond
Richard Diamond answered on Oct 20, 2020

Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... Read more »

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Is it possible to file for sole custody 4 years after being divorced?

My girlfriend got divorced in Iowa in 2016, now resident in MO with her 2 kids. Her ex (lives in Iowa) has a history of robbery, assaults and drug use. He is also way behind in child support payment now reaching 5 digits but gave pocket money back in December and January. He's been found in... Read more »

Richard Diamond
Richard Diamond answered on Oct 19, 2020

Based on the information provided, New Jersey does not have jurisdiction over the issue raised by you and therefore any NJ family law attorney answering this question would be speculating. You need to address the question to a family law attorney in Iowa.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In NJ am I allowed to change my childs last name after a certain point after birth?
Richard Diamond
Richard Diamond answered on Sep 8, 2020

There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm a stay at home mom and want to leave my current situation, if I take my child and leave is that kidnapping?

I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... Read more »

Richard Diamond
Richard Diamond answered on Sep 8, 2020

Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: there has been interference with custody and contact of my children by my exhusband. we have 50/50 what is my next ?

what is my next step with getting this rectified?

Richard Diamond
Richard Diamond answered on Sep 2, 2020

If you feel that your ex is not complying with the terms of your agreement or court order regarding custody of your children, then my suggestion is that you meet with a family law attorney to review the agreement / order terms and decide whether you want the lawyer to write a letter to your ex or... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can I file for emergency custody? Myex denies Covid exists and has exposed my son to public places. My son has type1
Richard Diamond
Richard Diamond answered on Aug 31, 2020

The state of NJ began its lock down in or about the 2nd week of March ( or about 5 1/2 months ago). In the later part of March / early April, there were many people who sought legal advice / filed emergency applications with the court as a result of their former partners actions regarding parenting... Read more »

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