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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: How to file child support adjustment in NJ?

Joint custody. Original decision made in Burlington County court NJ. We changed the schedule from 75-35 to 50-50 time

Leonard R. Boyer
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answered on Oct 9, 2016

This is not something that can be done without obtaining a Court Order. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Child's mother suffers from depression (undiagnosed). Can I ask for full custody?

She didnt go to the psychiatrist but her mood swings are documented on social media. Social worker warned me she needs counseling.

Leonard R. Boyer
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answered on Oct 9, 2016

NO! In NJ you can receive Primary Residential Custody with full decision making power. Your wife could be restricted to know visitation or supervised visitation. Plastering this most personal of all things across social media is deplorable to put it nicely. You need to retain counsel right away.... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: I pay my.mother 200 a week for childcare for me daughter. Can I ask her father to pay half with his child support?

I am filing for child support but he is trying to say that he shouldn't have to pay because I can't prove that ny mother isn't giving the money right back to me. Please help

Leonard R. Boyer
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answered on Sep 27, 2016

It is not what your ex-husband says that matters, it is what a Judge says. You need to bring in all your documents and have an in person consultation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.

1 Answer | Asked in Child Custody for New Jersey on
Q: Divorced living in New Jersey. I have primary physical custody and we share joint legal - planning a move 44mil away

Divorce settlement states I cannot move more than 50 miles away at first he was OK with it now he's having second thoughts can he hold me back

Leonard R. Boyer
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answered on Sep 20, 2016

You need to retain experienced matrimonial counsel to handle this matter for you. Your divorce decree can even be modified for you to move even further, if it is justified. Good luck.

1 Answer | Asked in Child Custody and Military Law for New Jersey on
Q: I'm in military fiancée has primary residency what restrictions are there from us leaving New Jersey with her daughter

If I am stationed somewhere outside of New Jersey once we are married would we have grounds to fight for primary custody even if the father wants to be in his daughters life

Leonard R. Boyer
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answered on Sep 12, 2016

It is not a question that can be simply answered in an online forum. You need to meet with an experienced matrimonial attorney and bring in all your documents to be reviewed, so that you can be given meaningful advice. Good luck.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: if the mother lie to the Judge in court what happens to her?

My sons has proof that his child's mother lied to the Judge in court about child care

What can happen to her.

Leonard R. Boyer
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answered on Sep 6, 2016

You would need to bring in any and all documents which pertain to this and meet with an experienced matrimonial attorney to determine what is appropriate in this situation. Good luck.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can I legally move 30 minutes away but within the same state with this kind of parenting schedule?

I am the sole custodial parent to the kids. My ex gets 40% parenting time. It's pretty much an every other week schedule. I am in the process of buying my first house. My ex lives the town over and on his time with the kids he drives them to a from their school (my son goes to the same school... View More

Leonard R. Boyer
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answered on Sep 5, 2016

You need to have an in person consultation with an experienced matrimonial attorney, who will need to see copies of all the legal documents pertaining to your case. I believe based on the facts that you stated, a Court is likely to grant your request. But you need a Court Order to accomplish this.... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: If it's already a child support order established and later the father wants to give up rights will child support close
Leonard R. Boyer
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answered on Sep 1, 2016

No! A parent can't "just give up rights". If the Primary Residential Custodial parent gets married and that person's spouse adopts the child, then the child support obligation of the biological parent would end, but not otherwise. Good luck.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a Court interview a minor child without hearing from the Defendant? How can I stop the interview?

I am the Defendant in a custody case. The Court held a hearing on July 15th which I was unaware of - no proper notice from the Plaintiff who has my email and phone as well. On July 22nd I received the Court order stating that the Court will interview the child on August 18th. The child was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 17, 2016

I suggest that you hire a lawyer that is familiar with CP&P procedures and policies. Once a judge has made an order it is rare that a judge will change this order without supporting case law and legal arguments. Sure a lawyer that handles these types of cases is not free and you can spend a... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for New Jersey on
Q: Have a sanction from Feb. 2016. Lived in another state and received benefits. TRO in place. Sanction legal?

Custody and child abuse issues came up in June. Returned to NJ to get my son. Had court about 6 times with father, we share custody. Issue not resolved future court dates pending. Can a sanction still be in place when I was no longer living in the state? It's been 5 months since I received... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

unclear what you mean by sanction. contact court asap

1 Answer | Asked in Child Custody for New Jersey on
Q: Do i need to send a custody agreement with the paperwork when I file for custody. My son is 10mths .

This is the first time I am filing for custody, just don't want to miss any thing

Leonard R. Boyer
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answered on Aug 6, 2016

If you want your legal rights fully protected and to receive everything that you are entitled to, then you need to retain counsel. Otherwise you could end up with problems, beyond what you realize. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get a public defender in NJ to help me with a custody case in Indiana?

My ex has custody of my son in Indiana and she is trying to take away my visitation in NJ. I will be able to see my son if I go to Indiana.

Leonard R. Boyer
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answered on Jul 25, 2016

No, you cannot. You need an attorney in Indiana. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Will the judge lesson his visits if my ex is always late with pick up an drop off. We've just had mediation a couple

Ago an he's still late.

Leonard R. Boyer
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answered on Jul 23, 2016

There are a lot of factors to be taken into account. I seriously doubt a Judge will decrease visitation for that reason. Good luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My fiances ex does not work and refuses to, does this affect his child support amount?

She is capable to work, lives with family rent free, has no car, DL, bank account etc. He currently gives her $200/week cash ( so dumb i know ). Can a judge force her to work (for lack of a better term) since the child is now of school age and will be out of the house most of the day? Also if she... View More

Leonard R. Boyer
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answered on Jul 23, 2016

Although a Judge cannot force her to work, he can impute income to her. You will need to have a consultation with a matrimonial attorney to see if it is cost effective to fight this. Good luck.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex I'd always late with drop off an pick up. He also leaves our son with his grand parents on his visiting time.

What does the Judge usually determine.

Leonard R. Boyer
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answered on Jul 22, 2016

There is no such thing as a "usual determination", every case is unique. You need to have a consultation with an experienced matrimonial attorney to discuss the exact facts of your case. The attorney can then advise you as to how to proceed. Good luck.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New Jersey on
Q: UCC JEA States order cannot be modified except for the location of the children's habitual residence.

My ex-wife has abducted my children to the Netherlands. I need assistance finding case law in New Jersey where a judge can vacate a custody order due to non-compliance ( interference of custody child abduction ).

The judges in New Jersey Superior Court New Brunswick half denied my motion... View More

Leonard R. Boyer
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answered on Jul 22, 2016

No attorney is going to provide you with free legal research. If you want to have an attorney represent you, then you can chose from one of the many fine attorneys on this website. I am certain that you do not work for free, so I hope you understand that attorneys do not do so either. This is a... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Gov & Administrative Law for New Jersey on
Q: I'm trying to find an attorney for an interference custody case or child abduction.

My custody order states that I should have my children about 50% of the time they're currently being held in the Netherlands... my local police department refuses to allow me to file a complaint for interference with custody

Leonard R. Boyer
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answered on Jul 20, 2016

Your local police dept has no clue how to handle this type of situation. You need to retain an experienced matrimonial attorney, who understands how to deal with a complex case. The attorney would need to see all your legal pleadings. Good luck and do not give up hope.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I am in NJ and the father is in Alaska. I have custody and we are not married. How can I get my son back?

I allowed my son to visit him for a couple weeks. Now his father refuses to return him to me.

Leonard R. Boyer
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answered on Jul 20, 2016

You retain experienced NJ matrimonial counsel to represent you and provide the attorney with all the documents that pertain to your case. The attorney can handle this matter for you. Good luck.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I live in new jersey and the father lives in Alaska. I have custody. Father refuses to return him.
Leonard R. Boyer
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answered on Jul 15, 2016

You need to retain an experienced matrimonial attorney to file an emergent motion to resolve this matter. Good luck.

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex works thru a local union in NJ. he gets placed on jobs w different companies. Child support is not being deducted.

Shouldn't the union office notify these companies that he gets placed on jobs for that he has a support order and child support should be deducted weekly? I do have an order through probation for Wage garnishment.

Leonard R. Boyer
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answered on Jul 8, 2016

You may need to retain counsel to make certain that you have the correct support order in place or in the alternative that support is supposed to be payable through Probation via wage garnishment. At the very least, you should have an attorney review your existing legal pleadings. Good luck.

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