Get free answers to your Child Custody legal questions from lawyers in your area.
Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... View More 
answered on Sep 6, 2019
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.
My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... View More
answered on Sep 6, 2019
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
In a child custody case can a defendant impeach a Plaintiff using evidence once the plaintiff finish testifying?
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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.
answered on Aug 27, 2019
Child support has nothing to do with a restraining order so no it should not affect it.
Her father only sees her every other weekend but he is always working and never home he doesn’t call or communicate with her only when she’s there no interaction other wise not involved in her life really not even school she has always lived with me and I’ve always financially taken care of... View More
answered on Aug 19, 2019
Thank you for such an interesting question. I'm sure it must be very frustrating to be in your situation. There are two kinds of custody, physical and legal. Physical custody is where the child primarily lives and who has parenting time. Legal custody is having the right to make big decisions... View More
Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... View More
answered on Aug 15, 2019
If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... View More
On the paper says that the additional offense POLI police information judicial status zdbr I am lost at what is going on.
answered on Aug 7, 2019
This is information for the police and court, don't worry about it just go to court when you get a notice to attend.
I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... View More
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answered on Aug 1, 2019
You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.
answered on Jul 26, 2019
If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... View More
answered on Jul 19, 2019
Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... View More
Ages ,16, 12, and 6. Can the courts stop her from doing this?
answered on Jul 15, 2019
There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.
You can also file a grandparents' rights... View More
How can we go about getting full custody.
answered on Jun 20, 2019
You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... View More
We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went... View More
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answered on Jun 8, 2019
There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But,... View More
answered on Jun 6, 2019
Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the... View More
I live in New Jersey and as of now I'm representing myself in a child custody case. I know I'm allowed to ask the opposing parties attorney for evidence but he also told me I needed to send him a letter in the mail requesting the evidence and told me to be specific on what I'm asking... View More
answered on Apr 14, 2019
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need... View More
we both are undocumented alien
we don't have legal agreement about child support just verbal agreement,but his father not fallow verbal agreements.
we don't have agreement about child support.
most of the time my son live with me (5 days /week with me ,2 days/week... View More
answered on Feb 28, 2019
Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.
Sincerely,
Santo V. Artusa.
Artusa Law Firm.
Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.
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answered on Jan 30, 2019
Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to... View More
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answered on Jan 19, 2019
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
Ex husband doesn't consent to me moving back home but I explained to him I have no help here and I can't afford to live here with my three boys I don't even get paid this states child support .
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answered on Jan 12, 2019
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made... View More
Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active... View More
answered on Jan 3, 2019
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... View More
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