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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law for New Jersey on
Q: My daughter-in-law said she doesn't like me and won't let me see my granddaughter. What can I do?

I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.

Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.

The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children. There...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

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... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: my ex wife has a lien on my house. The house got sold at Sheriff's sale. Now she wants her money PLUS interest. Yes/No

In 2010 I signed a consent decree giving my ex a lien on my house in lieu of back alimony I owed her ($ 80,000).

My house was sold at Sheriff's sale last November the proceeds being held by the Superior Court in Trenton. My ex has recently filed a motion for payment of the lien, 80 K, PLUS... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My Older daughter is 18 years old and She is enrolled in out of state University. I am already paying 50% of the costs

including tuition fees, food, housing etc. Am I still supposed to continue paying monthly child support payments to the mother on the top of the Above payments I mentioned?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

You daughter is not emancipated, so since she is apparently a full time student, you must continue to pay child support. The costs for your daughter goes up not down. There is no basis for not paying child support.

1 Answer | Asked in Family Law, Real Estate Law and Animal / Dog Law for New Jersey on
Q: My ex and I bought a dog. We broke up. What our my odds of getting the dog? She wants to share the dog I do not.

The dog is on my credit card and I'm the main name on the vet and doggy day care record. I have credit card records showing all of the food and toys I have purchased for him. Also have all of the vet bills and 6 out of 8 are on my credit card. The last 4 months (post breakup) I have made a note of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

Do you seriously believe a Court will want to get involved in this matter? I can understand that a dog is almost like a child, but a Judge may not be so tolerant. Perhaps you could give you ex a different dog to try to work this out?

1 Answer | Asked in Family Law for New Jersey on
Q: If I am giving consent for my ex wife to relocate our kids from NJ. Is there any specific consent form or memo
Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

This situation requires a Court Order.

1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and social... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If you have signed a Consent Order in lieu of a hearing (alimony nj) how long does it take a Judge to sign it?
Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.

1 Answer | Asked in Family Law, Intellectual Property, Real Estate Law and Estate Planning for New Jersey on
Q: What will I need to do to claim my fathers property in Luquillo, Puerto Rico?

I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

You need to contact an attorney who is licensed there.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Am I supposed to pay for my kids school lunches during their dads week?

My ex husband and I have shared legal and physical custody. I do get child support But it’s based on shared custody. One week with mom and the other week with dad.

Leonard R. Boyer
Leonard R. Boyer answered on Oct 30, 2019

Each parent should pay on their own week. But the amount is extremely unlikely to be worth fighting over.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: What does moving party checked in and left court w/o asking for an adjustment. Matter is dismissed LOP w/o prejudice?

I requested a DNA test back in Jun 2018. Mother never took the child, that I am aware of. But I mysteriously received some DNA results in the mail in Feb of 2019, and received an order from the courts in April 2019 stating the case was dismissed LOP w/o prejudice. Does this mean she possibly never... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2019

That is probably what happened. Since the case was dismissed without prejudice, it can be refiled.

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

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... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

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... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

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... Read more »

1 Answer | Asked in Animal / Dog Law and Family Law for New Jersey on
Q: How do I subpoena dog bite records from another state of my daughter for civil suit?

She was in Pa I’m in NJ.

Leonard R. Boyer
Leonard R. Boyer answered on Sep 11, 2019

This is not a self-help project! 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 handle a legal case, especially if litigation is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

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... Read more »

Bari Weinberger
Bari Weinberger 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.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

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... Read more »

Bari Weinberger
Bari Weinberger 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... Read more »

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