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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for New Jersey on
Q: How often should a client receive statements from divorce attorney? Haven't received 1 statement since hiring 7 mo ago.

Attorney rarely responds to emails, cancels most scheduled calls, she's not responding to opposing counsels emails or calls. At what point can I file a complaint to the NJ Bar?

Richard Diamond
Richard Diamond
answered on Feb 17, 2022

As a general statement, most lawyers send out statements monthly or every other month. I dont know if you retained a lawyer on a flat fee basis or if you paid a retainer with the lawyer working against the retainer, but the easiest way to find out the status of your setting with counsel is to call... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Civil Rights for New Jersey on
Q: Does my case qualify for a Removal From State to Federal? Divorce was filed may 2019. The same time the Covid Pandemic..

was sweeping the nation. Motions and evidence submitted have never been acknowledged despite having the usps return receipts to prove they were recieved. After an emergency child support hearing garnished 66% of my wages including paying for daycare that was closed due to the pandemic I had to file... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 9, 2022

Divorce cases are rarely if ever removed to Federal Court. If you don't like a trial court ruling you can appeal to the Appellate Division. But statistically you will lose.

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am plaintiff and Prose in my New Jersey child custody case, I have sent Discovery documents to Defendant attorney

am plaintiff and Prose in my New Jersey child custody case, I have sent Discovery documents to Defendant attorney, I did not received response. Its more than 40 days. Summon says 30 days. What do I do now?

Bari Weinberger
Bari Weinberger
answered on Feb 3, 2022

Thank you for your inquiry. I am so sorry to hear that you are going through this difficult time. If the other side is not complying with deadlines set by the Court, it would be appropriate for you to send a letter detailing the deficiencies and then file an application with the Court to enforce... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If someone was fighting for custody, could they use video footage (from a baby camera inside the home/bedrooms,etc)

Showing domestic violence as evidence in court? Does the person have to consent to being recorded? Or just be aware of the camera? Do they have to know it’s recording and saving?

Richard Diamond
Richard Diamond
answered on Jan 31, 2022

My suggestion is that you meet with a divorce law attorney to help educate yourself on how to present evidence at a domestic violence trial. Giving you a simple yes or no answer will not help you unless you know how and under what circumstance a court will permit it to be used.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to... Read more »

Richard Diamond
Richard Diamond
answered on Jan 14, 2022

YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there... Read more »

1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: Can a judge order a paramour in a divorce case to be subjected to a hair drug test if they are not part of the divorce?

This stemmed from a denied emergent hearing that ended up with a set court date. The accusation stems from an old charge that was dismissed in exchange for probation and the probation has ended.

This is out of jealousy because the children love him and my ex wants him out of their lives.... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 21, 2021

A judge has wide latitude to order almost anything when children are involved. 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 case, especially if litigation is involved. However, if you do not retain counsel,... Read more »

3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: Hello my husband served me with court papers that I can't leave country with my daughter but now he say he canceled it

I want to know how long court take to cancel motion in NEW JERSEY because he told me it will take till February 4 after I can travel

Richard Diamond
Richard Diamond
answered on Dec 20, 2021

I presume that you and your husband have a pending divorce matter in the court system and that as part of that divorce matter, your husband filed an application with the court seeking to prevent you from traveling outside of the United States (or elsewhere inside of the US) because of specific... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter’s dad revealed how his mom was murder while watching her years ago. She’s not the same what I need to do?

She just turned 10 and still has her child mentality. He told her everything even with details, she’s been crying and down since she came back from her dad’s house. He didn’t even prepare her or made sure to keep an eye on her and her emotions. She’s not my little happy girl anymore and... Read more »

Richard Diamond
Richard Diamond
answered on Dec 7, 2021

My guess is that your daughter asked her father something about his mother or how she died, and he responded, telling her the details. You and I were not present when that conversation took place or even if he suggested to her that she may not want to hear the details, but the bottom line is that... Read more »

3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have a temporary restraining order on my son's dad. He is asking in a roundabout way to spend 3 hours with our son.

In the TRO I was granted full custody of our son until we had the final restraining order. Our son's birthday is in a few days and he is asking for 3 hours with him. What legal recourse would I have if he didn't return him back to me?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 26, 2021

You can call the police if that happens. But despite your situation, you both really need to protect the child and not worry about the worst. Too many people forget that parents, just because they are no longer right for each other, still love their children.

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2 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

Bari Weinberger
Bari Weinberger
answered on Dec 2, 2021

Thank you for your question. When contemplating divorce, one must be mindful that equitable distribution of assets and liabilities will occur. Thus, it would be helpful to put together a list of all assets, including real estate, bank accounts, retirement benefits, and personalty of substantive... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond
answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My husbands kids mother passed away from a drug overdose. She was residing at her mothers house with the kids.

My husband whom has been alienated from his 2 children ages 10 and 15 for years. But we have had visitation not through the court and paid her child support at one time. Now her mother who mentally abuses the kids is seeking custody because now that her daughter passed away she feels that she... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 6, 2021

This question is far too complex to try to explain in this forum. You need to retain an experienced NJ matrimonial attorney, who has extensive experience in these types of cases and get find you the medical experts that will be needed. The Court can interview the children in Chambers, but a... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: Is it required for a parent to be considered ‘primary’ in NJ if it is 50/50 custody and both parents are fit?

If both parents are in agreement to have mutual custody is it possible for neither to be deemed ‘primary’

Bari Weinberger
Bari Weinberger
answered on Oct 25, 2021

Thank you for your question. In a situation like the one you described neither parent is required to be designated parent of primary residence but there are a variety of reasons why someone may want to be designated primary residential parent even if residential custody is 50/50. Do each of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger
answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.

Michael Andrew Conte
Michael Andrew Conte
answered on Oct 8, 2021

I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger
answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond
answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond
answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 23, 2021

There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.

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