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New Jersey Child Custody Questions & Answers
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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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can my son father add 3 way calls with other family memeber

As per court order my son father is only allow to speak to our son from 5pm till 7pm . But every time he calls he wants to force our son to speak to other family memeber. can he do that?!

Leonard R. Boyer
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answered on Apr 3, 2018

No he cannot do so. You need to consult with an experienced matrimonial attorney to review your Judgment of Divorce and any subsequent legal pleadings. The attorney will then be able to advise you how to best proceed. Pick the best lawyer you can find and remember one rule: a good lawyer is... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for New Jersey on
Q: Is there a statue of limitations for suing dyfys in nj
Leonard R. Boyer
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answered on Mar 31, 2018

In 2012, New Jersey's Division of Youth and Family Services (DYFS) was officially renamed the Division of Child Protection and Permanency (DCP&P). DCP&P is almost totally immune from lawsuits. If a litigation attorney determined that you did in fact have a viable case, you can expect... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I have custody. My ex doesn’t work but her husband does. Will child support go by his income as well as mine?

She hasn’t worked in 8 years. She just signed custody of our 16yr old son to me. I was paying $140 a week but she keeps saying she doesn’t work so she can’t afford that. Her husband works and supports her

Leonard R. Boyer
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answered on Mar 31, 2018

Child support is the obligation for the biological parents, not the people they remarry. Income can be attributed to someone who wilfully does not work. This is a situation, which will require the retention of an experienced matrimonial (family law attorney). Do not let geographic restrictions get... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: In NJ If a process server gives a court order to my doorman but I never pick it up or sign for it have I been served??
Leonard R. Boyer
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answered on Mar 28, 2018

It is debatable. Someone would have to search the case law.

1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for New Jersey on
Q: Looking for legal help to know the process of Child custody and visitation rights, child care payments and alimony.

Am Indian and came to US in 2009 on work visa with my wife and 1 yr kid (both Indian). We lived here for about 6 months and I realized that my wife is involved in some other interests and finding ways to stay in US permanently. We got many ups and downs and she tried 911 calls many times just to... View More

Leonard R. Boyer
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answered on Mar 28, 2018

You need to retain an experienced NJ matrimonial (family) law attorney. 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 attorney is generally never cheap, and a cheap attorney is generally never... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my friend leave the father of her child and take her daughter with her against the father's wishes?
Leonard R. Boyer
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answered on Mar 25, 2018

Your friend needs to retain an experienced matrimonial attorney to file the appropriate motion before the Court. But significantly more information is required to obtain an answer.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: if a mother has not had custody of her child for 4 years and got child support what can be done legally
Leonard R. Boyer
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answered on Mar 24, 2018

There is an insufficient factual basis to answer your questions and address your concerns. The only way to handle this problem is with an in person consultation with an experienced matrimonial attorney and a comprehensive review of all legal documents and any other supporting materials. Do not let... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Im a grandparent I have residential custody can child visit SC. and if so what happens if he doesn't return child To NJ

Father in SC wants her to visit for summer

Leonard R. Boyer
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answered on Mar 24, 2018

It is called kidnapping! You should retain an experienced matrimonial (family) to make a Motion to the Court to preclude this from happening. 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 attorney... View More

2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Parent time is now three homes in 1 county and my last order is in 2nd county. Where do I amend my old support order?

Son is with his step dad for 1/3 of time who filed for custody with my support in Salem county. My last order was 10 years ago in Burlington county which is where I still reside. Which county do I file in to amend old order and terminate child support?

Leonard R. Boyer
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answered on Mar 17, 2018

You should retain an experienced matrimonial attorney and file in Burlington County. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: question on NJ CS hearings??

my mother has physical custody of my child (i live with my mother). legal custody is with my ex and I. We were married but have not divorced yet. there is no CS order in place. my ex receives TANF benefits, and stated my child lived with her. i was put on child support and ordered to pay back the... View More

Leonard R. Boyer
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answered on Mar 17, 2018

Your situation requires an in person consultation with an experienced matrimonial attorney.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: At what point is it considered abandonment of a child in the state of New Jersey? Ex failed to follow order.

My ex was granted joint custody making him the primary parent of residency. We have 50/50 parenting time. Since that order has been in effect as of July 2017, he has had inconsistent visits and eventually stopped all contact with the children, it has been 17 weeks. He has sent numerous emails... View More

Leonard R. Boyer
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answered on Mar 17, 2018

You need to retain an experienced matrimonial attorney to file the appropriate legal pleadings. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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1 Answer | Asked in Child Custody for New Jersey on
Q: Does anyone know about intensive reunification programs ? Stable Paths or Transitioning Families?

I was accused of Parental alienation and the court appointed therapist told the judge that my family needed intense treatment. He recommended Stable Paths which had a location in florida and Mass. My kids went to the one outside of Boston. It was the worst experience for them and it didn't... View More

Bari Weinberger
Bari Weinberger
answered on Mar 16, 2018

Thank you for your question. I know how worried you must be about the court ordered reunification therapy.

I personally have no experience with either of those intensive reunification programs. I would suggest however that you contact the Attorney General in Massachusetts who might be...
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1 Answer | Asked in Child Custody for New Jersey on
Q: I am non custodial parent who wants to take my kids back due to abandonment. He left them with his 2nd ex Wife.

I was told my a lawyer in Texas and one I Jersey that I can just go down there and take them. I am scared to death because I don't want charges brought up against me. But he left in April 2017 and moved out. Left the kids with his ex wife n after their divorce in Jan 2018 my kids still reside... View More

Bari Weinberger
Bari Weinberger
answered on Mar 16, 2018

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

The short answer is possibly and you should immediately contact an experienced family law lawyer. In New Jersey, an emergency application called an order to show cause can be filed requiring...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can i cancel a child support order that i filed for?

I live in NJ and filled for child support. The ncp and i have both received a letter for our first court hearing which will take place two weeks from now. However, we have now made a private agreement and i was wondering how i have to go about canceling this motion? Can i call and close the child... View More

Leonard R. Boyer
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answered on Mar 15, 2018

What you need to do, in order to handle this matter properly is to retain an experienced matrimonial attorney to turn your private agreement into a Consent Order that will be signed by both sides and submitted to the Judge for his approval and signature. Otherwise you are looking for more problems... View More

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2 Answers | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: How do I get child custody and support out of my divorce papers? I can not take ex to court unless I do.

Edited:. When I got a divorce support and custody is part of out divorce papers not separate. I was told in order to take my ex to court I have to pull custody and child support out of my divorce. Before I can take him to court. I know the steps on filing a motion to take action, but I can't... View More

Elena K. Weitz
Elena K. Weitz
answered on Mar 15, 2018

I'm not exactly clear on your question. I think you are asking how to get your ex to pay child support and medical expenses. In order to have your ex pay child support and medical costs you would have to file a motion to the court to get an order stating that he must pay. You should... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My ex kicked out 16 year old son out. I filed for emergency custody and got it. Do I need a lawyer for court.

My son wants to live with me. My ex wrote a letter stating she doesn’t want to give up custody. He’s enrolled in school here now. She’s “kicked him out” 3 tines in the past month but the last time is when she called me to get him. I don’t know if I should bring a lawyer. What are the... View More

Elena K. Weitz
Elena K. Weitz
answered on Mar 12, 2018

A change in custody can be a complicated legal proceeding. Your son’s wishes are only one of many factors the court will consider when determining whether a change in custody is appropriate; there are a number of factors which the court must consider in awarding a parent custody and to change... View More

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for New Jersey on
Q: How to meet my child? I got divorce 6 years back and now I came back to US. They are residing in NJ. I am in IL.

I, my wife and our only kid came to US in 2010 on my work visa. We lived here for few months and she called up 911 for DV abuse. There were no charges against me as I did nothing wrong. However, she left home with our child. I went to my country back tried all means to be in touch with them via... View More

Bari Weinberger
Bari Weinberger
answered on Mar 8, 2018

Thank you for your question.

I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there...
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