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New Jersey Child Custody Questions & Answers
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

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Noncustodial parent has been having my daughter sleep at his short term girlfriend's house? What are my rights?

I have never met this woman, nor do I know where she lives. I did not learn of this until a mutual friend brought it up in conversation

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

You are at least entitled to know, from him, where your child is when he is exercising parenting time. I believe that the first step in making sense out of the situation is trying to talk to him about the situation. If you cannot agree on a way that he will voluntarily keep you apprised of where... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: How soon can I have a custody agreement in place when it comes to supervised visitations?

My husband will be back from rehab in a few weeks. Based on his reoccurring history with drugs and alcohol I'm not comfortable with him being alone with our children (1 year old and 3 year old). He has gone for treatment and is clean as far as I know but with his track record and the times... View More

Leonard R. Boyer
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answered on May 21, 2017

Each case is different. You did not state whether or not you are married or if there have been any previous Court Orders in place. You need to start with an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: If i am having a child and the babies father is placed on Megan's law who will get custody ?

He committed a sexual crime again his sister can was told he can't be around anyone under the age of 16. We live in New Jersey

Leonard R. Boyer
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answered on Apr 26, 2017

More information is required. But the chances are PROBABLY good that you will be the primary custodial parent, with full decision 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... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New Jersey on
Q: My child's father is on a mission to make sure I fail so that he can get personal satisfaction and custody of out child.

He already has a court case in place so he can get child support and custody of our daughter. He has no job and is in school to be a nurse because I became a nurse. This man has already called my job in hopes to get me fired and he just said again he will make sure he gets me fired. He also plans... View More

Leonard R. Boyer
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answered on Apr 11, 2017

File Criminal complaints for harassment and terroristic threats. Retain an experienced matrimonial attorney. Good luck. Just do not sit back and let him victimize you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am currently divorced, need to file a motion to adjust certain situations and need advice, please help

I am currently divorced, the father of the child is not making the payments that are on the paper stated. Recently some situations occurred where I feel safety for my daughter. Currently I am suppose to receive $577 for child support along with 73% for dance expenses. He thinks that he should not... View More

Leonard R. Boyer
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answered on Mar 28, 2017

You need to retain an experienced matrimonial attorney to handle this matter for you. An in person consultation and document review is necessary to answer your questions and address your concerns.

1 Answer | Asked in Child Custody for New Jersey on
Q: My sister is 19 year old and she wants custidy of me and im 15 year old can she?
Leonard R. Boyer
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answered on Mar 26, 2017

Probably not, but much more information is required to answer your questions.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm looking for a lawyer who works pro bono or for low income for family law
Michael Andrew Conte
Michael Andrew Conte
answered on Mar 23, 2017

Contact the bar association in the county in which you live, and ask if there are any low-cost or pro bono attorneys that will consider taking a case like yours. Another resource can be state law schools, who sometimes have law clinics to assist.

1 Answer | Asked in Child Custody for New Jersey on
Q: My son is 16 years old. His father and I have had joint legal custody and his father has always had legal physical

Custody. Can I get a public defender to try to get joint physical custody or can I do it myself. My ex and I have been on good terms the past few years and I don't think he would fight me on this. How do I go about doing this myself if I don't need a lawyer?

Leonard R. Boyer
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answered on Mar 9, 2017

Public Defenders work only on criminal cases, which this is not. 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 considerations be a factor... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for New Jersey on
Q: I'm on probation, and was served w/DV civil complaint & TRO can I be locked up for this? Can judge make them criminal?

There's no proof or evidence and they allegation was made when served with custody papers for me to see my son, up until she was served with the papers there was communication and she even sent me photos of my son, I feel she's tryna rail road me due to my prior record and to prevent me... View More

Leonard R. Boyer
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answered on Mar 2, 2017

This is extremely serious and you cannot handle this on your own. You need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. Your questions and concerns cannot adequately be dealt with in this forum. You need the best... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: How can I regain custody after the grandmother had temporary custody for two years.

I sent my children to their father temporarily because I was living in a motel, he then gave them to his mother who then got temporary custody. Hard times and bad credit slowed the process but I am now better prepared to take care of them like they're supposed to be. I've now ran into the... View More

Leonard R. Boyer
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answered on Feb 20, 2017

You will need to retain an attorney in NJ. This will not be an inexpensive process. You could easily spend over $20,000 in legal fees, plus expert fees. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: How does NJ measure distance between divorced parties....Driving miles vs. as the crow flies? Is there statute?
Leonard R. Boyer
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answered on Feb 17, 2017

Are you really serious? Driving miles. You really need to retain an experienced matrimonial attorney.

1 Answer | Asked in Child Custody for New Jersey on
Q: I have had my granddaughter since birth. shes 8 months now mom wants her whats my chances of keeping custody

I was suppose to adopt her. I never did the paperwork. In November the mom stated she was coming at xmas and taking her to Idaho so I filed for custody. What are the chances of her getting custody and relocating her?

Leonard R. Boyer
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answered on Feb 14, 2017

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.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: After a court order how long after that do you have to wait to modify child support

We went to court every both agreed in front of a mediator both signed paperwork and the judge signed off on it how far after that can she go to modify the existing order

Leonard R. Boyer
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answered on Feb 1, 2017

Your question is not clear, so you need to rewrite it with more details.

1 Answer | Asked in Child Custody for New Jersey on
Q: my ex moved from NJ to FL without my knowledge or permission from the court. who do i file kidnapping charges with
Leonard R. Boyer
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answered on Jan 13, 2017

Your statement is incomplete, but from what you presented, there is no basis for kidnapping charges. 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... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I need to transfer a family law case from California to New Jersey involving my 10 year old son whom I have custody.

The child's mother has 50% legal custody, but she lives in Las Vegas and has completely disappeared for 1.5 years. I am trying to get 100% legal custody so that I can get my son's passport renewed. What form do I need to get the case transferred to New Jersey?

Leonard R. Boyer
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answered on Dec 31, 2016

It will be extremely difficult to get sole custody. If the child lives with you in NJ, then a NJ matrimonial attorney can help you. 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

1 Answer | Asked in Immigration Law, Adoption, Appeals / Appellate Law and Child Custody for New Jersey on
Q: How to make an appeal against visa refusal for F4 Category?

My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. My uncle had his interview yesterday but the adopted... View More

Leonard R. Boyer
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answered on Nov 16, 2016

Your question is very complex and fact sensitive. You will need an in person consultation with an experienced immigration attorney right away. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all... View More

1 Answer | Asked in Child Custody, Divorce and Legal Malpractice for New Jersey on
Q: Must a court ordered divorce decree contain a legal custody clause for a child, with residential custody cited?

Please cite precedent.

Leonard R. Boyer
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answered on Nov 14, 2016

No attorney on this forum is going to perform free legal research for you. A Court Order for clarity and to avoid problems, should state who is the primary residential custodial parent. For anything more, you will need to retain counsel or at least have an in person consultation. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: I would like to inquire about filing for shared custody of my son. What are my rights?
Leonard R. Boyer
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answered on Nov 1, 2016

Usually there is joint custody with one parent being the primary residential custodial parent. You really need to have an in person consultation with an experienced NJ matrimonial attorney. Good luck.

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