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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

Richard Diamond
Richard Diamond answered on Nov 21, 2021

I cant because I have no idea what issues are outstanding in your matter or what issues could be raised by either of you in a divorce matter without having a consultation with you or your spouse. To do otherwise, invites disaster. My suggestion is that you or your spouse should have a consultation... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My husbands kids mother passed away from a drug overdose. She was residing at her mothers house with the kids.

My husband whom has been alienated from his 2 children ages 10 and 15 for years. But we have had visitation not through the court and paid her child support at one time. Now her mother who mentally abuses the kids is seeking custody because now that her daughter passed away she feels that she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 6, 2021

This question is far too complex to try to explain in this forum. You need to retain an experienced NJ matrimonial attorney, who has extensive experience in these types of cases and get find you the medical experts that will be needed. The Court can interview the children in Chambers, but a... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Is it required for a parent to be considered ‘primary’ in NJ if it is 50/50 custody and both parents are fit?

If both parents are in agreement to have mutual custody is it possible for neither to be deemed ‘primary’

Bari Weinberger
Bari Weinberger answered on Oct 25, 2021

Thank you for your question. In a situation like the one you described neither parent is required to be designated parent of primary residence but there are a variety of reasons why someone may want to be designated primary residential parent even if residential custody is 50/50. Do each of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.

Michael Andrew Conte
Michael Andrew Conte answered on Oct 8, 2021

I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jul 23, 2021

There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.

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2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: TRO violation (sent a harmless text) on a TRO gained on false pretenses

Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 4, 2021

Unfortunately, you get what you paid for. The simple fact is you had an TRO in place, and violated it. I realize this does seem like a harsh punishment, but no one here knows the facts of your case. I strongly suggest that you find the money one way or another for an experienced criminal defense... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can a shared custody order be transferred to nj from NY since the mother now lives in nj? 15 minutes from me.
Michael Andrew Conte
Michael Andrew Conte answered on Jul 2, 2021

Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is not on birth certificate in new jersey does he have legal rights
Michael Andrew Conte
Michael Andrew Conte answered on Jun 10, 2021

If you believe you are the father of the child in question, you can file a case in family court to establish paternity of the child. If the court determines that you are the father of the child, then you would have the legal right to seek parenting time, while you would simultaneously have the... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: My ex wife has been receiving SSDI child support payments for the 4 children but I don't get credited for the payments
Richard Diamond
Richard Diamond answered on May 19, 2021

If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Hello, which court order does a mother need to file for a child custody case?
Richard Diamond
Richard Diamond answered on May 11, 2021

I am presuming you are looking to file an FD complaint in the non-dissolution part of the family court part for custody and parenting time and as a pro se, you need to go through the court form to check off all of the applicable boxes and then provide a detailed statement of pertinent information (... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 28, 2021

Yes you can hire a lawyer. If your case is in family court hire a family lawyer, if your case is in municipal or criminal court I suggest hiring a good criminal lawyer.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Why did I receive a letter from child support when I didn't apply?

I recently received a letter from Child Support giving me a user id and a temporary pin. I am the custodial parent and I didn't request child support. I am the sole person financially responsible for my dependent.

I recently was served with papers regarding custody/visitation. Could... Read more »

Richard Diamond
Richard Diamond answered on Apr 22, 2021

Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written... Read more »

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...
Read more »

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