Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as... View More

The short answer is that in order to seek a change of custody, you must file a motion in court requesting the court to order a change of custody. Given the age of your child, the court may be willing to consider her preferences with respect to which parent she prefers to live.

This can be... View More

Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your... View More

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... View More

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... View More

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answered on Nov 27, 2019

You should have called 911 if you did not already do so and press criminal charges. You need to be represented by an experienced matrimonial attorney, this is not something to even think about attempting on your own.

Thank you for your question. To obtain a change in residential custody, you must first demonstrate that there has been a change in circumstances from the last time custody was addressed (i.e., the last court order or agreement). It sounds like your circumstances may qualify. It is imperative... View More

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answered on Nov 16, 2019

You are still unemancipated, so you cannot move out. But, a minor child may be allowed to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others

Thank you for your question. It sounds like you have several issues going on. Each situation is unique, so the answer is almost always "it depends". If you have a Court order or agreement that says he will move out and he has not then you should consider an enforcement action in court.... View More

Thank you for your question. Child support and parenting time can be confusing for a lot of people. It does not matter how you describe your parenting time situation. In New Jersey the percentage of time is determined by the overnights the child spends at each home. If the child spends more... View More

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answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... View More

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... View More

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... View More

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... View More

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answered on Sep 15, 2019

Your not yet ex-husband and his mother have ZERO chance of getting custody or visitation.

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... View More

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answered on Sep 1, 2019

Yes, that can be done, but only by an experienced matrimonial trial attorney. Trying to represent yourself in any matrimonial or family matter is an extremely bad idea. You do not know the rules of Court, Evidence, Procedure or Case law.