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

Thank you for your question. It sounds like there are several variables in your matter. A consent order for civil restraints is generally not entered without the consent of both parties. That being said, the best thing to do is have a consultation with an experienced family law attorney who can... View More

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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

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

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

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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

The starting point is the actual language of the settlement agreement.

While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak... View More

Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... View More

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

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

Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... View More

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

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

If I understand your inquiry correctly, you have filed an application with the family court seeking physical custody of your niece and presumably, the other party in the family court matter is the child's biological father.

I am not sure if there is a parallel investigation taking... View More

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

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answered on Dec 9, 2022

Appeals are rarely successful and will usually require a retainer of $25,000.00 just to get started. It is not likely that an Appellate Court will overrule the trial judge unless it is shown that the trial judge abused their discretion or made an unjustifiable decision. You are going to need an... View More

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

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

You have the ritght to reach out to the DCCP representative who is in charge of your matter. Speak with him / her and voice your concerns and let the rep speak to the foster parents about the details of this trip.

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