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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I file for custody in NJ even if we've only lived here for a month or am i forced to file back in FL?

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.

Bari Weinberger
Bari Weinberger
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

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my ex take me to court to gain primary parent? Do I need permission to move?

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

Michael Andrew Conte
Michael Andrew Conte
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

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex husband picked up my 16yo from school during my court ordered parenting time...what are my options?

I am PPR. Parenting time is shared 50/50...all court ordered. I had a disagreement with my child out of hurt by something she did. She called her dad to pick her up from school during my parenting time, which he did. I spoke with him and he said she doesn't want to come home and he... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Nov 14, 2017

This type of issue is sensitive. Being that your post is two weeks old, I presume that one way or another it has resolved by now. As a general rule, it is best to try to address these type of teenager issues delicately, by trying to talk it through with your child, while trying to gently remind the... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my daughter's mother move her across the country without my consent?

My daughter's (she's two) mother and I were never together. Up until recently, we have gotten along alright. My only problem is that she does not allow me to spend as much time as I would like work my little girl. I've been fighting in court for more time with her as the custody... View More

Bari Weinberger
Bari Weinberger
answered on Oct 25, 2017

Hi and thanks for your question. Sorry to hear you have been struggling with your child's other parent. Although this is not uncommon, it certainly can be difficult for anyone to go through. I'll try to answer you as specifically as I can, but please know that you should consider a... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: If the mother and father live in same state but 2 different counties. Father wants custody, which County should he file.

Currently child lives with mother. They are not married.

Bari Weinberger
Bari Weinberger
answered on Oct 16, 2017

Hello and thanks for your question. You should file for custody in the county where your child is living. If you need further information regarding the process for filing or any other info, consider a consult with an attorney. Many offer free consultations as we do. Hope this helps! Regards, Bari

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My kids don't want to see their dad on his court ordered day. He said he was going to call the cops on them. Can he?
Bari Weinberger
Bari Weinberger
answered on Oct 10, 2017

Good morning and thanks for your question. This, unfortunately is an all too common problem that can be really painful for families going through this. I'll give you my best general advice here and hope this will shed some light. You have stated that your children's dad has a court... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Kids mom is relocating out of state. Plans to take the kids with her. We share custody. What do I need to protect my ...

...my rights. We lived together and we are not married. Court has granted us shared custody.

Bari Weinberger
Bari Weinberger
answered on Oct 9, 2017

Hello and thanks for your question. You indeed have rights and please be rest assured that the court will honor them! I will do my best, here to give you some general advice about relocation, but I would suggest that you go and speak with a family law attorney who can give your really tailored... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: After my child turns 18, Do I have to keep paying for his health care

I been paying for his healthcare due to paying child support

Bari Weinberger
Bari Weinberger
answered on Oct 5, 2017

Hello and thanks for asking your question. I am going to try my best to answer you as completely as possible, here, with the information that you have given me. Please know, however, that an attorney in a consult would have many more questions for you in order that you would receive the most... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What do I file to have my daughters therapist testify in custody case. Where do I file it. I'm in essex co., Nj

I'm pro se in my custody case. I just want to know the legal procedure to have my child's therapist testify in court. And exactly where I would need to go to file the form.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2017

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 and Family Law for New Jersey on
Q: Does my wife has the right to tell me when to see or call my child without court involve?

My wife of 4 years took my child without my consent month and a half ago moving at her parents house 50 min away from our home. Since then I signed 2 parental visitations agreements. Last agreement was due on September 24 since then she was not allowing me to speak or see my child. Does she can do... View More

Leonard R. Boyer
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answered on Oct 1, 2017

You really need to retain an experienced matrimonial (divorce) 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 and remember one rule: a good lawyer is generally never cheap, and a... View More

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a mother take a child away from the father and move out of state? The child has been living with the father in NJ.

They never had a court order, just a verbal agreement to avoid court, mother would visit the son every other weekend, but recently, the mother picked the son up from school without the fathers permission and left to another state to GA. Law enforcement would not do anything prior to her leaving NJ... View More

Bari Weinberger
Bari Weinberger
answered on Sep 28, 2017

Hello and thanks for your question. I'm sorry your friend has found himself in this difficult situation, and right off the bat I'd like to advise that he get to the court to file an emergency application as soon as he can. Even though there was no formal agreement between your friend and... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can a 15 soon to be 16 year old girl chose what parent she wants to live with? In New Jersey

Her father pays child support and it’s supposed to visit her every other weekend but he doesn’t, sometimes he just sends her money and don’t even worry to see her in months, they don’t have a dad-daughter relationship, and i want to move to a different state but he refuses to sign the papers

Bari Weinberger
Bari Weinberger
answered on Sep 21, 2017

Hello and thanks for asking your question, here. I'm sorry to hear that your daughter is not having a great relationship with her dad; I'm sure it's tough on her and the whole family. I can certainly give you some general advice and guidance in response to your question and I hope... View More

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If a kid drops out of school at 17 does child support still have to be paid
Bari Weinberger
Bari Weinberger
answered on Sep 21, 2017

Hello and thanks for your question. Child support can be a little tricky here in New Jersey, but I'll do my best to give you at least some general advice. During a consultation with a family law attorney, more information would be gotten from you such as: how long has the child been out of... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: i currently live in NJ with my son, my whole family lives 45 mins away in PA, can I move back to PA?

I have a 6 year old son whose father used to be a NJ police officer which is why i even originally moved here. He is retired now and i am having another baby by a different father and would like my family to be able to help me with the new baby. They live in PA about 45 mins away. The school... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2017

You need to retain an experienced matrimonial attorney, to bring a Motion before the Court to obtain an Order which will allow you to move to PA. This can be decided by the Court on just a motion, or a full plenary hearing will be required. Pick the best lawyer you can find and remember one rule:... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My twin boys are 13. How many nights can my co-parent leave them home alone while traveling out of state?

My ex-wife has been traveling out of state a lot and leaving the boys with me. She is planning to travel out of state for 4 days, this weekend and she needs coverage for our children while she is gone. She is also planning a vacation to Greece and has asked me to take the boys for 3 straight... View More

Bari Weinberger
Bari Weinberger
answered on Sep 12, 2017

Hi and thanks for your question. Whether or not a child can be left home alone is a question that we frequently get so you are not alone in wondering what the guidelines are in this type of situation. I will do my best to answer you in general terms here on this public forum and hopefully provide... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Is there grandparents rights in nj

My boyfriends parents filed for visit for my 3 year old 2 year old and my 5 month old they are very on heathy people and have made threats

Bari Weinberger
Bari Weinberger
answered on Sep 11, 2017

Hello and thanks for your question. I'm sorry to hear you are having a bit of a tough time with your children's grandparents. Fighting in the family, especially over children, can be really difficult on everyone. First off, I should tell you that your kids' grandparents can indeed... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: if my father get custody of my son, down the road can i take him back to court to get my son home back to me?

my son is in foster care but my father is trying to see if he can get custody. even if my son's foster mom if she gets custody

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2017

You need to have an in person consultation with an experienced matrimonial(family law) attorney. There is no way to answer this question based on one or two sentences. You should not be discussing this situation on line anyway. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can the defendants attorney change the judges court order ?

My ex and I have a court order stating that I pick up our sons for dinner visit every Wednesday from 5:30 p.m. to 7:30 p.m. and I am responsible for all transportation. We had this exchange at her residence plenty of times but due to her non trustworthy manner I had the police involved and in the... View More

Bari Weinberger
Bari Weinberger
answered on Sep 6, 2017

Hello and thanks for your question. I'm sorry that you're having a difficult time with your children's other parent. I'll try my best to give you some general advice on this public forum that is hopefully helpful to you. From what you have written, it appears as though the court... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I want to live with my dad but my mom won't let me how do I take her to court !!!
Bari Weinberger
Bari Weinberger
answered on Sep 1, 2017

Hello, and thanks for asking your question. Seems like you are going through a bit of a difficult time, and I'm sorry to hear that. Having parents separated or divorced is never easy and can be hard on the entire family. I'm not sure exactly how old you are, but I can tell you that... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I never married my daughters father we have no court orders on custody and I don't have him on child support.my daughter

Is two. And been living with me since she was born. He doesn't pay her babysitter nor any of the living expenses. He provides For her when he feels like it. I am moving out of state in a few weeks to Florida I spoke to him to come up with an agreement on visitation he refuses and I need to... View More

Jessica Natasha Mazur
Jessica Natasha Mazur
answered on Aug 31, 2017

If you leave the state he could get a court order forcing you to return to NJ. In cases like this, I'm successful in negotiating a resolution but ultimately the Court will likely be involved. I urge you to try to meet with an attorney before you move.

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