Get free answers to your Child Custody legal questions from lawyers in your area.
My girlfriend’s ex husband is attempting to take her kids out after an event on her night. He has invited family out to dinner and thinks he is taking them. Per the divorce agreement and parenting schedule it is her night . If he physically tries to take them am i able to stop him
answered on Oct 30, 2023
I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More
The supervisor of these visits tested positive for covid.
answered on Aug 15, 2023
If the supervision is through an agency or program, I presume that they have other supervisors available. If its a private person acting as a supervisor, then I presume that you need to speak with the supervisor about finding a replacement acceptable to you and to your former partner.
I... View More
Kids are twins who are 6 and a 13 year old.
answered on Aug 10, 2023
First question: where is your daughter in this equation?
Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?
As grandparents, you can try and talk with your former son in law and tell him that you are willing to... View More
Everyone resides in New Jersey and we have joint legal custody of our son
answered on Jul 13, 2023
The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.
Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are... View More
Our court order/parenting plan doesn’t say the parenting time schedule changes when there is no school. The NCP has proposed a schedule for when our child doesn’t have school that includes longer parenting time and an additional overnight a week since our child is not in school. My child does... View More
answered on Jun 12, 2023
There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of... View More
we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... View More
answered on May 21, 2023
A full custody case is a very expensive proceeding, which will require expert testimony. You need to make sure that you have the resources to retain the attorney and the necessary experts that will be required. You do not want to bring a case for custody and lose for lack of resources. With modern... View More
answered on May 5, 2023
If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More
Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.
While I'm being ignored, court was adjourned twice and then canceled today.... View More
answered on May 4, 2023
The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More
answered on Apr 16, 2023
It could be difficult for attorneys here to respond to your request. This forum is basically a Q & A format, and it doesn't work like an attorney referral service. In addition to your own online searches for attorneys, you could use the tab above, "Find a Lawyer," or check the... View More
My ex and I previously lived in the same apartment and have a 5 year old. We did exchanges through daycare 3 times a week. I have since moved and live over an hour away and can’t do exchanges 3 times a week. I asked for biweekly exchanges and my ex refused. So I compromised for weekly exchanges... View More
answered on Apr 15, 2023
The best suggestion that I can give you is to schedule a consultation with an experienced family law attorney as quickly as possible to review the materials submitted to the court by you and by your ex, so that the lawyer had a better understanding of each sides claims to give you a better sense of... View More
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More
answered on Mar 19, 2023
Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... View More
Their mother took them into a battered women's shelter, but I have custody of them.
answered on Feb 22, 2023
Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... View More
We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.
answered on Feb 19, 2023
The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... View More
And what can I do to get visitation rights if my kids live in another state
answered on Feb 17, 2023
In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.
Separately, I gather you live in New Jersey and your spouse and children live in a different... View More
In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... View More
answered on Jan 12, 2023
Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More
answered on Dec 28, 2022
A witness list is an identification of the witnesses you plan to call at trial. I am sure that the court also required you to submit a pre-marking schedule of documents you plan to you on your case starting with a complete listing of each document. As part of the pre-marking requirement, I am sure... View More
I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... View More
answered on Dec 24, 2022
The judge in a custody case is the wrong person to be discussing this matter with.
You need to communicate exclusively with the detective assigned to investigate the criminal complaint.
Don’t even bring the subject up in the custody case or the perpetrator will be able to use... View More
Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... View More
answered on Dec 5, 2022
The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... View More
My mom says she doesn’t want my daughter and verbally and emotionally abused her. I’d like to overturn the adoption and get my rights back
answered on Nov 1, 2022
The first question is whether your mother formally adopted your daughter or whether she simply took guardianship of her as a result of your incarceration. But, if your mother no longer wants control over your daughter and you are able to handle the responsibilities, then ask your mother to sign... View More
he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me
answered on Oct 17, 2022
There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... View More
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