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My ex has failed to comply with our Parenting Plan that was worked out, through the courts, with a mediator. Yet SHE filed a "Motion to Modify" the plan, claiming "the mediator isnt working", even though SHE is the only one not following any of the plan. Can I file a... View More 
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answered on Jan 5, 2018
No, you need to file responsive pleadings and then a cross-motion. 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... View More
Son is 16. I found out he existed when he was 14. We established paternity in court but she has physical and im assuming full custody of him. I live 3 hrs away from him and see him only on holidays and a few weekends when im able to go get him otherwise i wont see him. (she wont ever bring him to... View More
answered on Jan 3, 2018
Thank you for your question and I would be happy to assist. I understand your concern especially in light of the fact that your child may be leaving the country. Generally, both parents need to consent to any moves or travel outside the State of New Jersey. If you believe that this is going to... View More
I plan on enlisting in the military. Was told since I’m a single parent i have to give up custody. If i was to want to give custody to a relative can i do so or would the child have to go directly to the other parent ?
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answered on Dec 28, 2017
The other parent would have the primary right to custody. Only a Court Order can change that. 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... View More
The mother of my son recently attempted suicide... I don’t think she’s taking her mental health treatment seriously, and she allows her mother to drink and watch our son while she drinks
answered on Dec 21, 2017
Unless something has been done to you, a TRO is not appropriate. Involving Child Prevention and Permanency should be called if you suspect neglect or danger to a child.
My husband filed for divorce yesterday so I have not been served. He TOLD me I could not leave the state to visit family for the holidays in PA. Can he do that?
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answered on Dec 20, 2017
You will need to retain an experienced matrimonial attorney to obtain a Court Order allowing you to do so, just to be on the safe side. You also need to retain the attorney to represent your interests in the divorce case. Do not let geographic restrictions get in the way of retaining the best... View More
We were all supposed to move but She moved with them without me,the breakup was a result of this and left me behind,I took care of my kids 90% of the time since birth(6 and 4) while she pursued her career,I've sacrificed jobs and my own income by her request in order for our kids to be taken... View More
answered on Dec 18, 2017
Thank you for your question. I am sorry you are going through such a worrying and difficult time. The short answer is ‘yes,' you can see your children and you could get custody or parenting time. There are many different custody options -- including joint legal custody, sole legal and... View More
This is all due to an argument and is trying to threaten myself and my wife. Also, can he force his own personal phone to be required in my house?
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answered on Dec 16, 2017
You really need to have an in person consultation with an experienced matrimonial attorney to straighten out this degenerating situation. 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... View More
I will be going to DYFS court, can they take me off of child support and give me the money being held by the courts since their mother isn't getting the money
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answered on Dec 10, 2017
That is not how things work, there is no DYFS and no DYFS Court. There is family Court and with an experienced matrimonial attorney this matter can be rectified.
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answered on Dec 10, 2017
Child support and visitation have nothing to do with each other. You can ask for supervised visitation, and seek the advice of a child psychologist to work on rebuilding your relationship with the children. I have walked in your shoes and it is not a good feeling. My children are all in their 30s... View More
I have emergency custody of my son and have had for 6 months. I also have a restraining order against the ex. She is allowed to have parenting time but has no parental rights. We do Sunday.. one week on and one week off. She wants to change this for Christmas and I do not. Am I obligated to do so?... View More
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answered on Dec 6, 2017
Without knowing more information, I cannot provide meaningful answers.
My friend is filing for custody of his daughter who is 2 months old and currently resides with her mother. Since he's filing first does that mean he's able to keep the baby with him until the court date?
answered on Dec 4, 2017
Hello and thank you for your question. I will hopefully be able to answer you as completely as possible but I do recommend that your friend do meet with a family law attorney in order to receive the best advice possible for his situation.
As far as the law goes in New Jersey, there is no... View More
Never married, just dating and chose to break up. Don’t live together and would like to not deal with court if possible.
answered on Nov 30, 2017
Hi and thanks for asking your question. I will do my best to answer you here, but I'm a little unclear as to what you are asking. Hopefully, I'll be able to offer a little bit of assistance. You ask if you and your child's other parent have to go to court if you are not together.... View More
Mother committed suicide, parents divorced but father has supported kids $$, family wants to take custody of 11 & 15 (grandparents or aunt) Father wants to move kids out of country but kids want to stay in NJ.
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answered on Nov 21, 2017
You really need to retain an experienced matrimonial attorney to handle this matter. Your situation cannot be given a meaningful answer without an in person consultation. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and... View More
answered on Nov 20, 2017
The court just want to see what you made last year and would weigh that with what you are making this year. The court wants see your potential earning and see why you are making less now (if it is by choice).
In most cases however, the court will use your current income when they calculate... View More
He has visitation every other weekend and every Monday and Wednesday 6-830 which he hasn’t been around for his child he then has his mother do it for him. He took a 3yrs tour with the military and told me in 10/31/17 which me being a military brat myself he has had he orders for a while now is... View More
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answered on Nov 19, 2017
As long as he did not take the child with him, he certainly can. What he should do from a non-legal standpoint is completely different.
I would like to get custody of my daughter. The reason I got secondary custody 2 years ago was because I left my daughter’s father because he abused me physically and emotionally. I was told by police when I was leaving that I couldn’t take my child with me because I had no home of my own and... View More
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answered on Nov 18, 2017
Even if you found an attorney, willing to work for free, you won't be able to get the expert medical testimony for free.
My childs mother lives in Missouri and I live in New Jersey. We both have joint legal and joint physical custody but her address is for education purposes. She gave me temporary custody due to the fact that she is on drugs and is living in a bad place and can not take care of him. when i picked him... View More
answered on Nov 16, 2017
Hello and thanks for your question. I'm sorry you and your child are going through this very difficult situation. I strongly suggest you go and talk with a family law attorney because more details about your family and your existing court orders is necessary in order to give you specific... View More
I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3... View More
answered on Nov 15, 2017
Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers... View More
When we lived in NJ for almost 3 years the previous time his father did not come to visit him once in NJ. we have no court issued agreements and he has not even established paternity in FL which is required prior to anything.
answered on Nov 15, 2017
Hello and thanks for asking your question. First off, you are definitely raising some complicated jurisdictional issues that need more exploring and explaining! I'll do my best to answer you generally, here. But, please know that an attorney would need much more detail regarding you and your... View More
I Currently live in the same county as my ex. we co-parent well and have never had to bring the courts into our lives as far as a custody arrangements, we simply just have a paper stating I am primary parent and we have joint custody.However I am looking to move about 1 1/2 - 2 hours away to... View More
answered on Nov 14, 2017
I strongly suggest you contact a qualified family law attorney for a consultation. This type of move will affect both parents' lives and the child. You will need to all be on the same page before the move takes place, or else you are begging for contested litigation - which could create a... View More
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