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.
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 »
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.
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.
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 »
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 »
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 »
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 »
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?
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 »
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.
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 »
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 »
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 »
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 »
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 »
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...Read more »
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 »
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 ?
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 »
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.
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
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 »
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 »
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 »
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 »
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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