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New Jersey Child Custody Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: precedents to use for o N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20

What are the best precedents to use for

Application of reconsideration of post- judgement in Arbitration ( divorce case state of NJ).

In accordance with the Rules of the Court, pursuant to N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20

Leonard R. Boyer
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answered on May 30, 2018

You need to retain an experienced matrimonial attorney. No one will do free legal research for you. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have recently regained sole custody. Does my child support terminate automatically or do I need to file a motion?

DCPP removed my son from me and he was placed temporarily in the custody of the state of NJ. I was reunified on Monday 5/14/18 and regained the sole custody I had prior to the DCPP involvement. I had been ordered to pay the state child support and I was paying it. However they are still looking... View More

Bari Weinberger
Bari Weinberger
answered on May 25, 2018

Thank you for your question.

Yes, in order to terminate or modify the child support order, you have to file an application with the Court. In order to do so, you have to show that there has been a change in circumstances for same, which is the change in custody in your case. I strongly...
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1 Answer | Asked in Child Custody for New Jersey on
Q: can a mother move a child out of state
Leonard R. Boyer
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answered on May 23, 2018

Yes, however the standard to move out of state has changed drastically as a result of a recent landmark case. 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 could relocate to another state... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: I am about to attend a custody hearing and I read that a judge will determine the best interest of the child to make

their decision. Am I allowed to bring people who can be witnesses about my fitness to care for my son?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2018

Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my boyfriend have the judge remove order of me not being able to be around his daughter ?

He was granted full custody of his daughter but she’s not able to be around me due to us having a few fallouts during the process

Leonard R. Boyer
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answered on May 11, 2018

Your boyfriend can retain counsel to bring the proper motion before the Court. But the Court is likely to require an investigation by the CP&P. Child Protection and Permanency is New Jersey's child protection and child welfare agency within the New Jersey Department of Children and... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Aunt has custody hearing. Judge dismisses w/prejudice because of foster care pending fg matter for adoption. What to do

What further action can aunt take before this fg matter. Does she have a chance in appeals process?

Bari Weinberger
Bari Weinberger
answered on May 10, 2018

Thank you for your question. I know how worried you must be about the custody and adoption hearing.

The short answer is that you should immediately contact an experienced family law lawyer. Interested parties have the right to petition the court in the “FG” or guardianship hearing...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Hi.a divorced mother of 3 minor kids would like to take her kids on vacation to her homeland overseas .

THEY HAVE A COURT THIS WEEK TO DECIDE ON THIS MATTER.HE CLAIMED THAT SHE WOULD TAKE THE KIDS AND STAY FOR GOOD..CAN SHE PROVE TO COURT THAT SHE WOULD COME BACK WITH KIDS?

Bari Weinberger
Bari Weinberger
answered on May 10, 2018

Thank you for your question.

If someone is traveling abroad and they are seeking permission to do same, it would be wise to provide the Court with the itinerary showing that there is a planned return. This would indicate to the Court that tickets have been purchased for the children to...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint custody with my ex who is posting videos of my kids on his social media for commercial gain. Can i stop him

I have joint legal custody and I am the residential parent. My ex is a deadbeat - no job, no money. Now he is posting outrageous videos of himself and my two kids ( ages 7 and 8) where he is misbehaving in stores, trespassing on pvt property, etc. He is posting these videos on his profile to get... View More

Leonard R. Boyer
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answered on May 4, 2018

You need to retain an experienced matrimonial attorney who can bring an appropriate motion before the Court to solve both of your problems with your ex-husband. He is endangering the welfare of the children by what he is doing.

Under New Jersey state law, it is assumed that regular contact...
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1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: My step mother has temporary guardianship of my child she want to adopt her how can i stop it

She has prevented me from seeing my child for over 2 years due to the fact she dislikes the baby father she is using that I have not attempt to see my child which is a lie ive tred but would never let me see her they live in Oklahoma i moved to Jersey to get my life together I just want my daughter... View More

Bari Weinberger
Bari Weinberger
answered on May 3, 2018

Thank you for your question. I know how worried you must be about the custody of your child.

The short answer is that more information is needed. What state initially issued the custody/guardianship order? Is the Division of Child Protection and Permanency involved? Have your...
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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: What is the best way to deal with an ex-spouse who is unwilling to give more time with children? We have joint custody.

I've tried to simple ask and she doesn't respond to those requests. I have been to 2 different hearing trying to get more parenting time. Both cases were denied saying they don't see a change that would warrant more time. We were married for 11 years. The courts were really unfair... View More

Bari Weinberger
Bari Weinberger
answered on May 15, 2018

Thank you for your question.

You would need to show that there has been a significant change in circumstances since the parenting time was established and that those changes are in the child’s best interest. We would need more information in order to decipher whether it is in the...
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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have equal split custody of my children with there mother, should I still be paying child support? Never married also.
Bari Weinberger
Bari Weinberger
answered on Apr 18, 2018

Thank you for your question.

In New Jersey, the child support amount is based upon a formula known as the Child Support Guidelines. When calculating a child support amount, the guidelines take into consideration your incomes, overnight visitations, health care premium payments and more....
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away

I am the custodial parent. The Judge rule the baby was too young

and basically said not until after 3. But didn't rule against a later move.

I have always been quite liberal with visitation and more than court ordered. Plus makeups when my ex travelled.

My question is... View More

Elena K. Weitz
Elena K. Weitz
answered on Apr 18, 2018

The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with... View More

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: Does total compliance count in permanvcy

My son is in permancy state is always been compliance with courts.fosters already have 4

Leonard R. Boyer
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answered on Apr 14, 2018

You have to provide a lot more information and ask a meaningful question.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I have custody of 6 and 4 year old girls thier whole lives the mom isn’t aloud to be alone with them I have never

Received any money from her at all the whole time I have had them she has had dyfs in her life since they were born. We live in New Jersey is it possible for me to petition the court to terminate her rights so that I can legally adopt them

Leonard R. Boyer
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answered on Apr 12, 2018

You have to indicate whether you are in NJ or PA, which is not clear. I cannot address PA law, but given your facts, if true you may be successful. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: do i have to answer a Texas request when i live in NJ with the kids since the mother never moved here?

Divorce was final in Texas. Mother signed a paper with me that she was ok with me taking the kids and it was notarized. She never moved here like she told all of us, hasn't paid any child support to me in over 2 and a half years and now serves me. Not sure if i need a Jersey lawyer or Texas... View More

Leonard R. Boyer
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answered on Apr 10, 2018

You live in NJ and the children's home state is NJ if you have lived here one year or more. Based on the facts you stated and this new development, your children will be staying in NJ. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its... View More

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3 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: I’ plan on moving summer 2019. I’m claiming economic reasons for the relocation, NJ is to expensive.

Father has not seen her in 7 months by choice. I don’t share legal custody with father, he was denied joint legal with out prejudice. He also dissolved his court ordered visitation and went into a consent order with me agreeing to supervised visitation. We also never agreed to a fix schedule. He... View More

Leonard R. Boyer
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answered on Apr 10, 2018

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 could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best... View More

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1 Answer | Asked in Child Custody, Child Support, Estate Planning and Family Law for New Jersey on
Q: My parents have temporary custody/guardianship of my kids. Does their estate first benefit the minors in their custody?

My Parents have my 4 kids. Temp guardianship. For financial reasons they don't want to help set me up w a home big enough to fit me and the kids so they stuck me in a dumpy apartment and took my kids by them. They fully support them. Private school camp tutors the whole nine yards. My question... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 10, 2018

More information is needed to determine how the assets would pass. I suggest you set up an appointment with a lawyer. Unfortunately no simple answer exists so a lawyer would need to go over with you several senarios. Expect to pay for the lawyerrs time and advice.

2 Answers | Asked in Child Custody for New Jersey on
Q: I had a child with my ex-boyfriend while still legally married, but now I want my husband involved, not my ex.

My ex-boyfriend and I conceived a child in June 2017 and I gave birth to her in March. My husband and I had a verbal separation agreement while I was in contact with my ex, but we never got legally separated.

I started seeing things in my ex-bf that I didn't like: practicing polygamy... View More

Leonard R. Boyer
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answered on Apr 7, 2018

You will need to look for some type of charitable legal assistance, because you have no chance of winning this type of case without an experienced matrimonial(family law attorney). The biological father's rights, despite what you stated, will not just disappear. You have no idea what type of a... View More

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1 Answer | Asked in Child Custody, Family Law and Child Support for New Jersey on
Q: Can a father voluntary give up his parental rights in NJ, giving sole custody to the mother, if both parties agree?

Can the father give up his rights prior to the child being born if both parties agree and mother does not need financial assistance of any kind? The parties are not married and are no longer in a relationship. The father has not been involved or shown any interest in being involved in the... View More

Paul J. Riviere
Paul J. Riviere
answered on Apr 6, 2018

Without someone waiting to step into the father's shoes and adopt the child, the father cannot just walk away from his legal ties to the child or his obligation to pay child support. However, with the help of an attorney the parties can have a Consent Order prepared giving the mother sole... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: Am I required to request permission from the court to relocate out of state if minor child was born/raised elsewhere?

Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now... View More

Paul J. Riviere
Paul J. Riviere
answered on Apr 6, 2018

Either you need need to seek permission from the Court, unless you have written permission from the other parent in order to move out of State. Get a lawyer to secure the proper permission.

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