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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: I’m gonna be 18 in 1m and 12d I stay with my mom and that’s where all my belonging are, my dad has custody of me right

Now, can he make me go “home” where he sleeps on the floor and has no beds?

Richard Diamond
Richard Diamond answered on Jul 6, 2020

lets start off addressing the easier question- When you turn 18, you will have the right to determine where you will live, regardless of the agreement or court order entered into by your parents.

Now, lets address the bigger issue - the custody and support plan that is best for you. Even...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
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1 Answer | Asked in Child Custody and Health Care Law for New Jersey on
Q: Can our outpatient pediatric clinic release records to DCP&P without parental consent so they may investigate

There was an allegation of child abuse from a third party. They would like to know if child is receiving appropriate healthcare services

Richard Diamond
Richard Diamond answered on Jun 23, 2020

For safety purposes, since a HIPPA release form was not signed by the parents, the facility should have a court order in its file authorizing and directing it to comply with the turnover of specific healthcare records. If it does not have a court order directing the turnover of specific healthcare... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: Hi. I have a custody question.

I live in NJ. I have two kids, 15 and 11. They no longer want to live with their mother. She beats them, cuss and threatens them constantly. I wanted to keep her in their lives, but they are getting tired of her. And want to come with me full time. As of now, We share joint residential custody.... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jun 3, 2020

Thank you for your question. I am sorry that you and your children have to deal with such a distressing situation. The short answer is you can file a motion. The specifics are more complicated than that, and would be tailored to your specific situation. A change in primary custody in New Jersey... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: In NJ does Sole Custody include physical and legal custody?

My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »

Richard Diamond
Richard Diamond answered on May 7, 2020

Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.

Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial...
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2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

Richard Diamond
Richard Diamond answered on Apr 28, 2020

You are not going to like my response.... but I dont think I have ever met a 16 or 17 year old ( including myself when I was that age) who did not argue / fight with his / her parents. The fact that you and your parents are fighting does not mean that you are wrong or that they are wrong.... simply... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: I have residential custody of my child who is 13 1/2 yrs old. His father and friend live 1 hr away.

Concerned about him going there for spring break I have Diabetes type 1. Hypertension and stage 1 kidney disease. He won’t tell me where he and his friend have been. There is no verbal communication. how do I handle this during this pandemic.

Teresa L. Reichek
Teresa L. Reichek answered on Apr 15, 2020

Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.

In general the courts are not considering "what if" scenarios, they are enforcing...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: HELP!! I need clarification of custodial parent living distance from non custodial parent after remarriage.

I live in NJ and is the primary custodial parent of my 2 kids. Can I move where my fiance lives after we're married? He lives 50 miles outside of where we live... actually 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside of a 50 mile... Read more »

Richard Diamond
Richard Diamond answered on Apr 8, 2020

A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Help!! Need clarification of custodial living distance after remarriage.

I live in NJ and am the primary custodial parent of my 2 kids. Can I move to where my fiance lives after we're married? He lives outside of 50 miles from where I live... 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside a 50 mile radius.... Read more »

Richard Diamond
Richard Diamond answered on Apr 1, 2020

Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: What to do when the mother refused to give me my daughter during my parenting time? Can I get custody back?

Hi, I am divorced since 2015, I have the father with set visitation. I live in NY and the mother lives in Monmouth County NJ, 60 miles away. She has full custody. Very often I travel 1.5 hours to pick up my daughter and then the mother refuses to let her go with me. When I call the police they just... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Mar 23, 2020

Thank you for reaching out. I'm sure this is a difficult and stressful situation for you. There are several things you could do involving the court system. If you feel your daughter is in danger you could file an Order to Show Cause.

More likely, you will need to file a Motion for...
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1 Answer | Asked in Child Custody for New Jersey on
Q: My husband and I separated still married 10 months ago he moved elsewhere now hes in pA Im in NJ....

Dont want him to see the kids anymore i I feel its unsafe there as theres two csp cases where he lives his gf and the lady they live with will not givw me any info plus they drink and more maybe

Our 1 son has special needs also has epilepsy

Can i keep the kids from him till the divorce ?

Teresa L. Reichek
Teresa L. Reichek answered on Mar 12, 2020

Thank you for your question. I'm sure, as a Mom, that this situation is very stressful for you. The answer, as with most legal questions, is that it depends. If you have already filed a Complaint for Divorce then you can file what is called a "pendente lite" motion. That just... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Dyfs case in nj. The mother lost custody and after 18 months the case is in adoption and termination of rights.

I just found out 2 weeks ago about my daughter and got paternity results. Will I be able to get her ? I don’t have a dhs case can I just file for custody ? I want her but do I have to be involved in this dyfs mess if I just found out about the baby ?

Bari Weinberger
Bari Weinberger answered on Mar 2, 2020

Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: I am divorced and my youngest daughter is not happy with her mother. How can I get custody of her.

She is now 15 and calls me all the time crying. She should not be this unhappy

Noel Rivers
Noel Rivers answered on Feb 15, 2020

The short answer is that in order to seek a change of custody, you must file a motion in court requesting the court to order a change of custody. Given the age of your child, the court may be willing to consider her preferences with respect to which parent she prefers to live.

This can be...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time?

My ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time? Will this require legal action? I pay minimal CS, and will follow up with my atty on that, just wondering about choice of physical location? Thanks

Bari Weinberger
Bari Weinberger answered on Feb 11, 2020

Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is trying to take custody of his child does it count if he gave up his rights via text message? Im in NJ
Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

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