Get free answers to your Child Custody legal questions from lawyers in your area.
It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... View More 
answered on Jul 29, 2020
Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... View More
I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears
answered on Jul 27, 2020
I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... View More
answered on Jul 20, 2020
The short answer is no, but by age 14, the court is to give deference to the wishes of a mature 14 year old. Translated, while the decision where a 14 year old should live still rests with the court, as long as the child shows maturity and an understanding of the decision making process, most... View More
My son graduated high school and will be visiting his dad for two weeks. If my son refuses to leave NC. What can I do as his custodial parent?
answered on Jul 13, 2020
Since your son is only 17, I presume that he is going into his senior year of high school as opposed to starting college in September. So, lets play this out for you.
Under the terms of your divorce agreement, you are the primary custodial parent and your ex has parenting time with him.... View More
I live in Arizona and my son and his father are in New Jersey I’m engaged to another man and recently found out I’m pregnant after our last court date I overheard my husbands lawyer saying to him “let’s hope she doesn’t get pregnant” so before I tell anyone I want to know how it could... View More
answered on Jul 13, 2020
The best advice I can give you is to schedule a consultation with this office to discuss the legal and factual issues outstanding in your application for a change in the custody plan currently in place and currently before the NJ family court. Its impossible for any lawyer to tell you whether... View More
I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.
Thanks
answered on Jul 6, 2020
From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... View More
Now, can he make me go “home” where he sleeps on the floor and has no beds?
answered on Jul 6, 2020
lets start off addressing the easier question- When you turn 18, you will have the right to determine where you will live, regardless of the agreement or court order entered into by your parents.
Now, lets address the bigger issue - the custody and support plan that is best for you. Even... View More
Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?
answered on Jun 24, 2020
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.
Our... View More
There was an allegation of child abuse from a third party. They would like to know if child is receiving appropriate healthcare services
answered on Jun 23, 2020
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... View 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.
answered on Jun 19, 2020
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.
I reside in East Orange, NY
I own a 2 family house with my husband
answered on Jun 12, 2020
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... View 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.... View More
answered on Jun 3, 2020
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... View 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... View More
answered on May 7, 2020
Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.
Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial... View 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?
answered on Apr 28, 2020
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... View 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.
answered on Apr 15, 2020
Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.
In general the courts are not considering "what if" scenarios, they are enforcing... View More
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... View More
answered on Apr 8, 2020
A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.
Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in... View 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... View More
answered on Apr 4, 2020
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... View 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.... View More
answered on Apr 1, 2020
Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.
Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in... View 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... View More
answered on Mar 23, 2020
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... View More
Dont want him to see the kids anymore i I feel its unsafe there as theres two csp cases where he lives his gf and the lady they live with will not givw me any info plus they drink and more maybe
Our 1 son has special needs also has epilepsy
Can i keep the kids from him till the divorce ?
answered on Mar 12, 2020
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... View More
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