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New Jersey Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.

I called, texted and she does not answered.

Leonard R. Boyer
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answered on Aug 21, 2017

First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.

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1 Answer | Asked in Child Custody for New Jersey on
Q: There was a court order for physical custody in New Jersey in 2012. The children have lived with me for the past five

Lived with me past five years without support. Does NJ still have jurisdiction.

Bari Weinberger
Bari Weinberger
answered on Aug 10, 2017

Hello and thanks for your question. Jurisdiction can indeed be a tricky area of the law to navigate, here in New Jersey and without looking at your specific court order, it is a little challenging for me to answer you completely. I'd be happy to give you a brief overview, however, in the hopes... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I live in NJ with my children I need to give my sister temp custody but she lives in Oklahoma. What can I do?

I live in NJ with my children, father has not shown his face in 5 yrs I need to go to rehab for my self and my children this is not court order or anything but in the time that I will be in the rehab center I need to give my sister temporary custody but she lives in Oklahoma. What can I do?

Bari Weinberger
Bari Weinberger
answered on Aug 8, 2017

I'm so sorry you are going through this difficult time, but applaud you for your brave attempt to get better. You are right to begin to plan for your children while you will be away so that you know they will be cared for by a loving family member. I do, however, urge you to be cautious here.... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Have PA custody agreement and 13yr, 10mo old child no longer wants to visit with 1 parent for numerous reasons. Options?

PA custody agreement since 2010. Both parents now residing in NJ. Almost 14 yr old child has expressed numerous times in recent months that he no longer wants to have visits with 1 parent; citing numerous reasons such as parent degrades him, doesn't let him go outside, yells at him often, hits... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

I suggest you speak with a Pennsylvania family law attorney, since the order for custody/parenting time is out of PA. Since the family is now in New Jersey, you may be able to have jurisdiction changed, but it depends on the exact language of the custody agreement.

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex is filing for custody after not seeing him for 2 years, also has had a few arrests. Will that affect my case?
Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

Definitely see a family law attorney in your area so you can provide more details about your case. Many offer free consults. When making decisions regarding child custody or parenting time, the courts must consider what is in the best interests of your child. Your ex has the right to file any... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter is uncomfortable around her father and doesn't want to see him anymore. What do I do to have her heard?

My ex and I never married(he left me while pg) I have been with my now husband since she was a few months old. She's always lived with us and only visits her father one day for a few hours. She is uncomfortable around him. She doesn't really want to go on that one day but we (myself and... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

This is a difficult situation. I strongly suggest that you at least have a consultation with a family law attorney in your area to get some guidance. Many offer free consults. It is probably best for you to file an application with the court establishing custody, parenting time and child support... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a non-custodial parent threaten to exercise visitation in exchange for not paying child support.

My 17 year old son's father hasn't seen him since Christmas(Est. 8 months ago). My son just started working his first job.Now he is demanding me to end child support or he will restart visitation which would cause my son to lose his job since his father lives 2 1/2 hours away and he end... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

Child support and visitation (now known as parenting time) are two separate issues as far as the law in New Jersey is concerned. With regard to child support, a court will end the support if the child is no longer in need of the financial support of his parents. So, if your son is not in school and... View More

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for New Jersey on
Q: If you file for emancipation and are not emancipated, can you file for emancipation again?

If a minor living in a bad situation at home files for emancipation at a younger age than usual, hoping to be emancipated based on the abusive home, but is not granted it, can they try again once they are a little older and have a job? If they do this, will the previous attempt count against them... View More

Leonard R. Boyer
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answered on Jul 29, 2017

A minor (depending on age) and what can be proven, may or may not be successful in obtaining emancipation. How a Judge would treat a 2nd attempt after one failed first attempt is impossible to know. Trying to represent yourself in any legal proceeding, especially a family matter is unwise, to put... View More

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: When the non-primary parent have the children, do they need permission to take the child on a vacation in another state

This is a question for a case in New Jersey--when the other parent has the children during their times with the children--every other weekend and 4 weeks during the summer--does that parent have to have permission to take the children across state lines for a vacation

Leonard R. Boyer
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answered on Jul 8, 2017

Yes, you should have a Court Order that allows you to do that, otherwise you are looking for problems. An experienced matrimonial(Family law) attorney can prepare a Consent Order that is properly worded. Spending a few hundred dollars now will avoid thousands of dollars in legal fees later. Good... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I live in New Jersey with my parents and my child. My child father recently passed away. Do i have sole custody now?

Also, i am going back and forth to Florida. I am taking care of my sick aunt. My mom and I have a written agreement and a temporary guardianship form notarized saying she is taking care of my child for the times i am not home in NJ. Is this okay or do i need to go to court and give her joint... View More

Leonard R. Boyer
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answered on Jul 8, 2017

You do not need to give her joint custody. Your temporary guardianship form is of no legal value and does not have to be honored by anyone.

2 Answers | Asked in Criminal Law, Child Custody, Domestic Violence and Sexual Harassment for New Jersey on
Q: Does it cost anything for a lawyer to help bring charges against ex husband?

I dont have a dime to.get help bc im on SS Disability.

James A. Abate
James A. Abate
answered on Jul 6, 2017

A private lawyer does not bring charges. Charges are brought by the police and prosecutor. If you believe you are the victim of a criminal act, contact the police.

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1 Answer | Asked in Child Custody for New Jersey on
Q: I live in New jersey and currently have no custody agreement. The father is refusing to release my son back to me.

If he leaves my son with a babysiter, can the sitter prevent me from taking my child?

Leonard R. Boyer
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answered on Jul 3, 2017

You stated you lived in NJ, but your question was asked in PA. You did not supply enough facts to receive a meaningful answer to all your questions and concerns.

1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: I was granted sole physical and legal custody with no visitation rights, what does that mean for the fathers rights?

Court order was granted 4 years ago in New Jersey, I now live in Pennsylvania. He has not seen my son in that time frame as well due to his in and out of jail and drug overdoses and being in rehab.

Ryan L Hyde
Ryan L Hyde
answered on Jul 2, 2017

Sounds like he has very little rights. However, he is still the father. He could always clean up his life and petition for some custody. Additionally, if you moved without clearing it with the court you could be in for trouble down the road.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I currently have an open dyfs case that I is being closed in Aug

I have a 5 month old with a boyfriend who does not live with me has hidden cameras in my house i just found. To be honest, there is some drug use that might have been recorded. My question is if he can legally use this info to get dyfs and custody

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2017

You realize you are posting on a public forum an admission of "possible" criminal conduct and/or conduct that would likely be harmful to the interests of children, right? You probably want to sit down in an attorney's office to get your questions answered... You probably should also... View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: The father of my child is trying to get me caught doing something illegal so he can call dyfs. I have found hidden camra

In my home that he does not own or live in. I am in NJ and I wanted to know the laws when it comes to showing to dyfs and court

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2017

Report the hidden camera to the police. If they agree that probable cause exists that he is committing a crime, then they have the power to take action against him.

1 Answer | Asked in Child Custody for New Jersey on
Q: If i suspect drugs in my daughters fathers house how do i go about getting full custody ?

She lives with me 24/7 but has his last name i want to change her last name to mine and give him supervised visits . She is under my insurance .. He does nothing for our daughter . How do i go about getting full custody

Leonard R. Boyer
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answered on Jun 24, 2017

You can obtain primary residential custody with full declension making authority. 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 attorney you can afford, do not let geographic... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My 18-year-old no longer wants to adhere to the 50-50 parenting time schedule and wants one home base. Is it her choice?

Dad is telling her that unless she is emancipated (she's entering college in the fall) then she must stick to the agreement even though she's a legal adult. She has no hard feelings about dad but would prefer to domicile primarily with mom. We are in NJ.

Leonard R. Boyer
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answered on Jun 16, 2017

You will need to retain the right type of attorney to bring this matter before the Court. 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 attorney you can afford, do not let geographic... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex wants to take kids on days they are w/me. Divc has days & times for visitation set out can he do that

Says he wont take no for an answer. says I have no choice in the matter. Children reside w/me and he has 2 days during wk and every other wknd

William N. Sosis
William N. Sosis
answered on Jun 15, 2017

If there's a court order in place (sounds like there is) and your ex- is violating the parenting schedule, you have several options. For example, you can file an enforcement motion against him and request that he pay your attorney fees. But, if he is threatening or bullying you, you should... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: In the state of NJ is it legal for a child to sleep in a living room ?

2 children have beds in the living room, the other sleeps in a recliner.

Leonard R. Boyer
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answered on Jun 7, 2017

While it is no against the law it is unwise, especially depending upon the age and sex of the children involved. You can retain NJ matrimonial counsel to bring this issue before the Court. To properly answer your questions and address your concerns, the best way to handle this is by retaining an... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My husband is coming home from rehab but I still don't trust him to be alone with our kids, What can I do?

My husband gets home from rehab in a few weeks. I do not feel comfortable with him being alone with our two young children due to his history of drug abuse. This is my husbands third time in rehab. I have evidence as far as recordings of him admitting that he snorted drugs in the basement while... View More

Michael Andrew Conte
Michael Andrew Conte
answered on May 22, 2017

I strongly recommend that you schedule a consultation with a qualified attorney whose main practice is in the area of family law. You are right that your husband can make an argument that he is now clean to try to counter your concerns. What the Court will do with competing stories will be largely... View More

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