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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My husband's ex refuses to sign paternity acknowledgement papers. They have no formal support/custody order in place.

The mother is withholding their 5 year old daughter from him because she's demanding more money. How can he get his paternal rights so he can take her to court and get an official support order? She uses their daughter as a bargaining chip and when she doesn't get her way, she won't... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Financial support of children and parenting time are unrelated. Your husband's ex-wife is not permitted to link the two together and make demands. Even though you say the child was born and lives in PA, your husband has rights. You should consult an attorney.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Exe needs to maintain "equivalent health coverage" for kids. Can he switched from PPO (no deduct) to POS (high deduct)?

Marital Settlement Agreement that says exe needs to "maintain equivalent health coverage for kids"

He pays 100% of premiums. I pay first $250 of actual expenses incurred per child (3 kids), and then we split costs after $250 54% (him) and 46% (me) and we split actual costs, can... View More

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Need more facts in order to provide a meaningful answer. But you should know that most health insurance plans are provided though employers/private companies and outside the control of employees. He's probably justified in making the switch to a PPO given the anti-competitiveness in health... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Are there options of free legal assistance for family court / child support cases in NJ?
Bari Weinberger
Bari Weinberger
answered on Jan 17, 2018

You should contact your local courthouse and ask for assistance. They can give you contact information for legal aid and/or pro bono attorneys.

1 Answer | Asked in Family Law, Child Custody and Education Law for New Jersey on
Q: Do I have to wait until I graduate highschool to move with my grandmom.

I am 18. And my mom keeps saying I can’t leave because I am in highschool and I don’t graduate until next year. She claims it’s a new law. She also stated if I were to call the cops and have a cop escort me out that they wouldn’t be able to because she has legal rights until I finish school.

William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Provided you have no disability that prevents you from understanding your legal rights, you can move out at 18 (but you cannot consume any alcohol until you're 21). But you and your mom should seek family counseling first. Also talk to your grandmother before leaving home. She may be able to... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My son is 18 and a freshman in college.He lives predominately with his father. Can i move out of state?
William N. Sosis
William N. Sosis
answered on Jan 17, 2018

Generally, the New Jersey Supreme Court says non-custodial parents are free to leave the state. It's your right to travel. If the father tries to prevent it, the trial court is required to do its best to accommodate you (not just consider the best interest of your adult child). But you should... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: He barely works, has no place to live & has assaulted me in the past (PD report) shld I mention at our hearing?

Can an attorney come in his absence?

Leonard R. Boyer
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answered on Jan 16, 2018

What hearing are you talking about? Significantly more information is required to answer your question in a meaningful fashion.

1 Answer | Asked in Child Custody for New Jersey on
Q: My parent had temporary custody of my child and now she passed Away so now what happens?

I agreed with my one parent to have temporary custody of my child for a short period of time and the court signed ok to it. Now my parent had passed away so now what happens with my custody?

Leonard R. Boyer
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answered on Jan 16, 2018

Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put it charitably. You need an in person consultation with an experienced matrimonial attorney, who can review all previous legal proceedings and documents. Then the attorney will be able to advise you... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My child’s father refused to sign a BC or see her. Now he’s hired a lawyer for our hearing, shld I get 1 too?
William N. Sosis
William N. Sosis
answered on Jan 16, 2018

Yes you should. You're likely to be at a disadvantage.

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I have sole physical and legal custody of my daughter. Can I go on vacation to another country?
William N. Sosis
William N. Sosis
answered on Jan 16, 2018

Check what your parenting time agreement says. When you travel outside the country you generally need the consent of the other parent and authorization of the minor child's passport. If the non-custodial doesn't want the child traveling outside the country he may file a motion against... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Child custody and communication

My fiancé has 2 children with his ex girlfriend. He pays his child support, but there’s really nothing legally in place regarding visitation, etc. She has not let him see his kids in over 6 months because she accuses him of choosing me over them. Due to her immaturity and lack of talking about... View More

Leonard R. Boyer
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answered on Jan 14, 2018

Your finance will have to retain counsel and do the communication himself. Both with the ex-girlfriend and the children.

Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put it charitably. You need an in person consultation with an experienced...
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1 Answer | Asked in Child Custody for New Jersey on
Q: How can I (30 years old) get custody of my 12 year old sister?

My father and ex-stepmother are in the mist of a custody battle for mt 12 year old sister. The problem is that they are both manipulating her and neither are good or even decent parents. One is an extreme narcissist who has given his only son PTSD and the other is a jobless and depressed lump that... View More

Leonard R. Boyer
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answered on Jan 14, 2018

Despite your very noble intentions and the good cause you have for seeking to do this, the odds are not in your favor. You will need to retain the best matrimonial (family law) attorney that you can afford. The Court will require a plenary hearing, which for all intents and purposes will be a trial... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My 2yo lives with me for the last year. Father absent for 7mo, now wants child. (Never been to court) what are my rights

My ex (never married) is a Felon for child endangerment and aggravated assault. My son has lived with me for two years and his father hasn't seen him or spoke with him once in the last 7 months. Now he's demanding to have him over night at his place ( which I deem unstable because the... View More

Leonard R. Boyer
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answered on Jan 11, 2018

No, you go out an retain an experienced matrimonial 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 good so... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Can I get child support for my 6yr old daughter even if I live at home w/ family who helps pay for her/me?

I have 2 part-time jobs. My child's father works 1 job (he makes more than me) & lives with a relative. I initiated a $$ agreement last year as I got tired of him repeatedly failing to co-parent like we agreed after her birth (he's never established a relationship nor paid for her... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Yes you can. Both parents are responsible for child support. Contact an attorney. He'll file a motion, your case information statement and the child support guidelines on your behalf. The court will apply the child support guidelines, determine his financial responsibility, and issue an... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex husband has three weekends a month with our son who is now 11. He won’t allow him to play with friends or sports.

How can I help my son, he wants to go to games and is invited places with friends on the weekends.. my ex will not speak to me or email me or text me. He won’t agree to mediation or counseling. My son is suffering and doesn’t want to go there my ex says his time with my son is more valuable... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

You need to file a motion with the court pleading your case and asking for relief.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Do my 2 month old grandmother (dads mom) have the right to take my son for the weekend

Do I have to be the one taking him back n forth to see her or shouldn't she make the effort to see him. She trying take me to court because I don't bring him to her but always welcomed her to visit him but she feel as tho she don't want to come to my area and she don't want... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

No, not unless there's a court order giving them her the right. N.J.S.A. 9:2-7.1, requires that grandparents make an application to the court before they can have visitation rights. The application must prove that visitation is in the best interests of the child (which, from what you've... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Will I get sole custody of my daughter due to his mental illness and past behavior?

Never married and due to the toxic environment created in the past 3 years I made the decision to move out with my daughter. We made an agreement that he can pick her up from school 2 days a week and every other weekend (same weekends he gets his other 2 boys for visitation). Diagnosed with... View More

Leonard R. Boyer
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answered on Jan 10, 2018

No one can predict for certain what a Judge will do. If you have the right "admissible evidence", then you should get primary residential custody with full decision making authority and he should have nothing more than supervised visitation. However, this matter may require a plenary... View More

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: Can I get custody of my newborn after 2 children have been adopted?
Leonard R. Boyer
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answered on Jan 9, 2018

You need to provide more information before a meaningful answer can be supplied to you.

1 Answer | Asked in Child Custody for New Jersey on
Q: If the court orders that a mother gets full custody of a child and the father gets 2 hours supervised visits once a week

and then the mother lets the father have more unsupervised visits can she get in trouble?

Leonard R. Boyer
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answered on Jan 9, 2018

While it is possible, it is not likely to happen.

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: My child is turning 12 in April can they decide where they want to live in the State of NJ?

My child has requested to speak with the Judge 2 years ago and was denied due to age, the child is adamant about living with father fulltime due to CP-mom being verbally abusive with Parental Alienation, will the Judge listen to child now? And will the child be able to decide where they would like... View More

William N. Sosis
William N. Sosis
answered on Jan 9, 2018

NJ Family court doesn't appreciate parents who use children as pawns before, during, or after a divorce/separation. Parental alienation happens too often because one parent wants to gain a financial leverage over the other parent, punish the other parent, or for some other wrongful reason(s).... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I have partial custody of my 10 year old daughter, 40%. Can my daughter's mother move out of NJ without my permission?
William N. Sosis
William N. Sosis
answered on Jan 7, 2018

Tough to answer without additional facts. In general, if you object to your daughter being relocated outside of NJ without your consent, bear in mind that NJ has full jurisdiction over the matter (not the custodial parent) and will consider several best-interest of the child factors when deciding... View More

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