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New Jersey Child Custody Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

i have been going for substance abuse treatment for 3 month and have been compliant. i still test positive for marijuana and i stopped going to treatment for two weeks, now my substance abuse treatment center is closing my patient case as non compliant. how can i fight this and stop having to go to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 3, 2019

Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

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1 Answer | Asked in Child Custody for New Jersey on
Q: I just got married yesterday and i wanted to know if i could sign my rights over to my husband?

Can i choose who i want my child to live with in the state of Camden, New Jersey? If my husband signed the birth certificate and her last name is changed to his is he considered her dad?

Bari Weinberger
Bari Weinberger
answered on Jan 3, 2019

Thank you for your question. Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for New Jersey on
Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a

My wonnHas a mild learning disability and she speaks English to assure the medical and educational well being of my children. I am their father and she wants to take them to St Lo hi is Missouri where her sister lives . By law can she just pick up and go

Leonard R. Boyer
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answered on Dec 25, 2018

NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: How can my retained lawfirm get all records of filings, hearings and court orders in my custody case?

I retained this firm back in July. They have billed me for $25,000 so far and are asking for more retainer. We've been to court unprepared because they didn't have all that information. Now they're telling me the only way they can get it is if the most expensive attorney on my case... View More

Leonard R. Boyer
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answered on Dec 8, 2018

That is completely absurd and obscene. Contact the NJ State Bar Ethics committee and report this. You should get a significant refund it not all of it. You really need a new law firm. The Court file if it is still in the local court can be copied at the Court by paying the Court the required fee... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I’m in the middle of an divorce. The apartment we live in lease end in 3 weeks and we going split. We have 3 kids

We had an agreement that I would take the oldest two and she will take the youngest. I have no paperwork on that agreement. How can I get temporary custody of our kids I don’t think she have a place to go.

Leonard R. Boyer
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answered on Dec 8, 2018

To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: What are the guidelines for terminating parental rights? What will I need to prove?
Bari Weinberger
Bari Weinberger
answered on Dec 4, 2018

Thank you for your question.

Based upon your question, it seems like you’re struggling with some difficult issues right now. The short answer to your question is that there are very few circumstances in which someone’s parental rights can be terminated. With that being said, there...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex and I share custody of our 10-year old, but I do not approve of his new gf who is a stripper.

Can I make sure that my ex does not bring my daughter around her?

Leonard R. Boyer
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answered on Nov 21, 2018

You can try by retaining counsel to bring an appropriate motion before the Court to address your concerns, but unless your daughter tells you what is going on, you will never really know. To properly answer your questions and address your concerns, the best way to handle this is by retaining an... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex wants to bring the kids in on custody to ask what they want in front of the judge - can I fight this?
Leonard R. Boyer
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answered on Nov 10, 2018

That will depend on the ages of the children. If the children are too young, they will not be allowed to be involved. Under New Jersey state law, it is assumed that regular contact with both parents is in the best interests of the child, though certain circumstances can change that. However, there... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: HOW CAN I GET A PROBONO LAWYER TO HELP WITH A SERIOUS CUSTODY CASE?

I HAD CHILD FOR 4 YEARS UP TO JANUARY. JUDGE GAVE BACK, DYFES TOOK KIDS FROM PARENTS DUE TO DRUGS, RECENTLY, THEY ARE IN FOSTER CARE I FILED FOR CUSTODY BACK FOR THE KIDS SAFETY. I NEED HELP I CAN NOT LOSE THESE KIDS THEY ARE FAMILY. THE MOTHER HAS HAD APPROXIMATELY 12 KIDS EVERY CHILD SHE HAS LOST... View More

Leonard R. Boyer
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answered on Oct 27, 2018

Call legal services in PA and see if they can help you.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: There's a court order for parenting time with my kids, I haven't talked to or seen my kids since the end of Fed. 2018.

Is their mother in violation or that order? And one of my sons is Autistic.

William N. Sosis
William N. Sosis
answered on Oct 15, 2018

Children have a right to see both their parents. A custodial parent cannot unilaterally decide to stop the other parent from parenting his children and being part of their lives. Unless your Order prohibits your parenting time or imposes certain restrictions then it's likely your parenting... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Can I lose a child custody battle just because I use medical marijuana to sleep at night?
Leonard R. Boyer
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answered on Oct 14, 2018

It could certainly be an issue, but an in person consultation would be required to determine that. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let... View More

2 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: i had to vacate the default in my divorce. how do I move forward now? i need to add to my Answer which was already filed

At the hearing for my motion to vacate the default, none of my concerns with the plaintiff were addressed as I was unaware of my ability to respond to his accusations in writing prior to court. They vacated the default and I am able to now Answer but the court had required me to file my answer... View More

Leonard R. Boyer
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answered on Oct 13, 2018

This is far from a do-it-yourself project. A Default can be vacated, but you must retain an experienced matrimonial attorney to handle this for you, otherwise you are going to have worse problems, than you can possibly imagine. They tell even attorneys, that if you try to represent yourself, you... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: My court order regarding child custody says I need to address factor 8 under NJSA 9:2c. 7. What does this mean?
Bari Weinberger
Bari Weinberger
answered on Aug 31, 2018

Thank you for your question.

I would need more information to better advise you on your situation. I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary actions needed to take place pursuant to the Court Order....
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: In recovery with 2 children. They reside with their grandparent who limits me to 8 hours/wk. How can I get them back?

If no DYFS has been involved or any legal issues what can I do? I have been devastated and trying to get my children back but their grandparent is limiting me to 2 days a week for only a few hours with them. Faithfully I have been going for 6 months now even with a 2 hours bus commute and I'd... View More

Adam Brown
Adam Brown
answered on Aug 29, 2018

Very much of the answer depends on the court order. I do think you have recourse, however, a lawyer will need more information about the case. If there is a court order, you need to show a substantial change of circumstances affecting the welfare of your children to modify the order.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I lived in Hackensack, NJ and I've been married for 5 years with 1 child who is 4 years.

I wan to move to FL with my son but the father is against it. Would i be able to find a lawyer that is $250 per hour with $3,500 retainer? It seems everyone i have seem is almost $400 with 5k retainer.

Leonard R. Boyer
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answered on Aug 27, 2018

Attorneys cannot quote fees on Justia. But what you are asking is going to be on the low side per hour and for the retainer. You should never chose an attorney based on anything other than expertise and experience. While I recognize that you have a budget, you have to realize that you only get one... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: If I file for sole custody and have a court date can the other parent take the kids from me before court date?
Bari Weinberger
Bari Weinberger
answered on Aug 22, 2018

Thank you for your question.

I will not be able to give you a more definitive answer without knowing more about your case. I strongly encourage you to schedule a consultation with an experienced family law attorney.

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Ex-wife feels I should pay 1/2 amount for kids camp excluding her discount.

my ex-wife and I share joint custody of the children. I and she agreed to 50/50 extracurricular and summer camp activities. Both of us fell on some hard times and neither one of us could afford full camp. She worked very hard to get discounts. They run about 75% off of the fees for camp. I recently... View More

Leonard R. Boyer
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answered on Aug 7, 2018

The cost of camp, with the discount, should be split equally between both parties.

1 Answer | Asked in Child Custody for New Jersey on
Q: My wife and I will be going to be getting an uncontested divorce soon and we will still be living under the same roof

We have one child and will be looking for joint physical and legal custody. Do we need to set a schedule if we don’t want one or need one

Bari Weinberger
Bari Weinberger
answered on Jul 30, 2018

Thank you for your question.

It is best to schedule a parenting time schedule so all parties are on the same page, however, many parties agree to keep visitation open and liberal.

I hope this information was helpful to you.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My father has temporary custody through dcp&p. If I let the case close can I apply for custody in another state

My father has temporary custody of my 2 minor sons due to an open dcp & p case for a family in need of services. The case was opened due to my wifes drug use. Her and I have since separated. If I allow the case to close can I then apply for custody in another state. I just want to know my... View More

Leonard R. Boyer
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answered on Jul 19, 2018

You cannot possibly handle this matter on your own. You cannot move out of NJ with your children, unless you have a Court Order granting you permission. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial... View More

1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: I owned a home with my husband that was under forclosure. My husband separated from me and left the home.

However, leaving me and his twins in the home. A man from a realestate came to the home oneday and what a coincidence my husband drove up at the same time. The man asked me if I wanted to do a cash for keyes for the home. I asked for his business card and told him i'd let him know. I always... View More

Leonard R. Boyer
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answered on Jul 1, 2018

Your situation needs to be handled by an experienced foreclosure defense and matrimonial attorney. An in person consultation and document review is necessary. There are too many possibilities to speculate as to who this man may have been.

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