Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Feb 5, 2021
1. When was the last time that you saw your child?
2. Is there a court order in existence that acknowledged you as the biological father of the child?
3. If an order is in existence, was it entered by the court in New Jersey or by a court in another state?
4. Do you... View More 
I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... View More
answered on Feb 3, 2021
Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... View More
After I remarried my exwife start to withhold my son from me. One year I don’t see my son. She completly stop all communication with my son. Before she took away his phone he texted me that he love me and want to see me so much. What should I do at this case and can I fight in court for sole... View More
answered on Jan 27, 2021
You need to schedule a consultation with a "certified matrimonial trial lawyer by the New Jersey Supreme Court" to discuss what has taken place and how to get your parenting time rights re-established. I dont know if what you filed with the court was filed incorrectly or if there is... View More
We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?
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answered on Jan 22, 2021
No! Your ex-wife must make a motion with the Court to do so. However, if you think there is a real danger of this happening, then you need to be proactive and retain an experienced matrimonial attorney to bring an action before the Court, to impound their passports. It always pays to be proactive... View More
Meaning it would now be EXHIBIT A, so do I change all of the other EXHIBITS down one in the alphabet (A becomes B; B to C, etc.), or do I add it in with a new letter (R in this case)?
This is just a simple technical question about how to add in an Exhibit. My Motion date isn't until... View More
answered on Jan 19, 2021
I don't know what issue is being presented to the court, but if your application seeks reexamination of a support provision of the settlement agreement, you also must file your case information statement from the divorce and file a current case information statement. If you are filing an... View More
My ex has broken previous orders and is withholding my daughters from me.
answered on Jan 4, 2021
Oral argument on motion practice is not the time to "cross-examine" the other side. On a typical "motion day" a family part judge has 10 -12 different applications pending before him and at least 8- 10 applications where the parties were not seeking oral argument. The... View More
I have been dating someone for 18 months. 6 months into our relationship, his soon to be ex-wife, (who had met me and approved of me spending time with her kids and has full custody of them) decided she wanted to be with him again and stopped allowing the visitations she had previously allowed and... View More
answered on Nov 10, 2020
You are not going to like my answer. This is an issue between your boyfriend and his wife as part of their divorce. I have no idea why the wife has decided that she does not want you to be with their children at this point in time but your boyfriend has the right to oppose same and to ask the court... View More
My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... View More
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answered on Nov 9, 2020
Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.
I am divorced and the primary custodial parent and my ex has visitation. Our son is 13 years old. I am remarried and we would like to move out of state in a couple of years. My son would also like to. If my ex doesn’t consent, at what age would my son be able to express in the courts his desire?... View More
answered on Nov 9, 2020
The law in New Jersey has changed concerning relocation as a result of a recent NJ Supreme Court decision called Bisbing v. Bisbing, which now requires the same legal standard to be applied to a relocation request as applied to virtually all other claims involving children – the “best... View More
I live in NJ and have been divorced for 5 years. We had split custody of the children and the child support/alimony was for 10 yrs. My children are going to be 21 and 19 yrs old in the next 2 months. They both work and go to college. My ex makes a really good salary, I am living pay check to pay... View More
answered on Nov 3, 2020
The first and most important question is what state entered the judgement of divorce ( if not NJ) and what does the agreement say as to jurisdiction for addressing financial issues outstanding between the 2 of you concerning child support. Presuming you were divorced in NJ and presuming both... View More
He frequently yells at me in front of kids, to point they do not listen to me. He has been using behind my back. We are supposed to be moving to va and buying a house. He says he won't stop until move is done, and turns it around on me for being upset. He has taken my car years ago, and all i... View More
answered on Oct 29, 2020
There are specific state resources readily available to you and to your children that I would ask you to consider / reach out to for assistance, starting with the following:
*Domestic Violence Services through state of New Jersey - https://www.nj.gov/dcf/women/domestic/
*Legal... View More
My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... View More
answered on Oct 21, 2020
DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... View More
We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks
answered on Oct 20, 2020
Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... View More
My girlfriend got divorced in Iowa in 2016, now resident in MO with her 2 kids. Her ex (lives in Iowa) has a history of robbery, assaults and drug use. He is also way behind in child support payment now reaching 5 digits but gave pocket money back in December and January. He's been found in... View More
answered on Oct 19, 2020
Based on the information provided, New Jersey does not have jurisdiction over the issue raised by you and therefore any NJ family law attorney answering this question would be speculating. You need to address the question to a family law attorney in Iowa.
answered on Sep 8, 2020
There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... View More
I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... View More
answered on Sep 8, 2020
Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... View More
what is my next step with getting this rectified?
answered on Sep 2, 2020
If you feel that your ex is not complying with the terms of your agreement or court order regarding custody of your children, then my suggestion is that you meet with a family law attorney to review the agreement / order terms and decide whether you want the lawyer to write a letter to your ex or... View More
answered on Aug 31, 2020
The state of NJ began its lock down in or about the 2nd week of March ( or about 5 1/2 months ago). In the later part of March / early April, there were many people who sought legal advice / filed emergency applications with the court as a result of their former partners actions regarding parenting... View More
Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... View More
answered on Aug 31, 2020
Believe it or not, there is a law applicable to your inquiry called the Uniform, Child Custody & Jurisdiction and Enforcement Act, applicable throughout the country, which states that the state that entered the initial order for custody of the child, retains exclusive and continuing... View More
I wanna live with my biology mother and family because I feel happier their than where I'm at
answered on Aug 5, 2020
At 17, you have the right to sit down with your parents and discuss where you want to live and why. A parent of guardian may not be happy with your decision but they are gong to be hard pressed to stop you..... but that does not mean that their feelings will not be hurt. Be respectful and... View More
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