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New Jersey Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Jersey on
Q: If I went to NH and filed for a petition and granted custody of my granddaughter due to being left alone for days and

And the mom is using drugs and threatening to Jill themselves and very abusive verbally to the 14 year old. What does the Mom have to do to get the child back. And what do I have to do to keep her since she is the one that called me and said she wasn’t safe

Richard Diamond
Richard Diamond
answered on Apr 14, 2022

Im not sure what the term "NH" refers to but presuming you are referring to the Department of Child Protection and Permanency ( DCPP), you can contact them to express your fears about your grandchildren's care and provide the investigator with whatever proof you have as to the drug... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 28, 2022

As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... View More

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can the court make you take classes over one incident between the parents?

Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?

Bari Weinberger
Bari Weinberger
answered on Mar 25, 2022

Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can a student court ordered weekly joint custody be picked up and dropped off each week at the ordered residence.

School district transportation. Each court ordered parent lives in the school district.

Pemberton Township School District, New Jersey.

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

I think what you are asking is whether your court order can require the school district to pick up / drop off your child at your bus stop on your parenting days and pick up / drop off your child at your ex's bus stop on his / her parenting days? My experience is that most (most if not all)... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: Can a parent lose possibility of custody for withholding the child from the mother before a court hearing ?

My sons father moved to another city in New Jersey and has not let me see my son for two months, brought him to me for one night and when he did I noticed bruises on both sides of this thighs. When I gave him back Sunday he then blocked me from all social medias, phone numbers and my family as... View More

Leonard R. Boyer
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answered on Mar 5, 2022

Realistically your question calls for speculation that is beyond the scope of this forum. Anything is possible. Significantly more facts are required to provide answers. You really need to retain an experienced matrimonial (family law) attorney to represent you. Good luck.

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Joint Custody for grandchild. No legal issues or court orders.

Mother has full custody/father gave up his rights. There are no issues. Child has been in our care since birth. Mother was a teen at time so we helped raise child. I’ve always been primary caregiver to child who is autistic on lower end of spectrum. Mother, in best interest of child allowed me to... View More

Richard Diamond
Richard Diamond
answered on Mar 3, 2022

I mean no disrespect but I'm not sure I understand the question. At the time of the birth of your grandchild, your daughter was a teenager and because your grandchild was on the spectrum, you handled a tremendous amount of the day-to-day responsibilities of raising your grandchild and you have... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: Im looking to relocate with my daughter to Florida next year. I am divorced and would like to know what are my options.

We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 28, 2022

You either need the written consent of the other parent, or a court order permitting you to relocate with the child out of state. If you don't have the other parent's consent, then I strongly suggest you consult with a qualified family law attorney.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... View More

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Feb 22, 2022

Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... View More

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... View 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... View More

Leonard R. Boyer
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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... View 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... View 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... View 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.... View More

Leonard R. Boyer
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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,... View 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... View 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... View 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... View 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
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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... View 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... View More

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