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New Jersey Family Law Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 12, 2023

What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense... Read more »

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1 Answer | Asked in Divorce, Child Support and Family Law for New Jersey on
Q: If my fiance signs a prenup, can his exwife be entitled to more child support or more money after we marry ?
Richard Diamond
Richard Diamond
answered on Jan 3, 2023

I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read more »

Richard Diamond
Richard Diamond
answered on Jan 3, 2023

The short answer is no. Under the law, if you and he do not have an agreement permitting the relocation to take place, you must get an order of the court permitting the relocation to take place. If you move without his permission/court order, he can file an application with the court to compel the... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read more »

Bari Weinberger
Bari Weinberger
answered on Jan 12, 2023

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Paternity

I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.

Richard Diamond
Richard Diamond
answered on Dec 29, 2022

Under the law, you have the right to file an application with the court to determine the child's paternity. As part of that application, you will need to provide as much detail as possible to support your claim that you may not be the child's biological father since you already signed the... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What is consider a witness list to provide to the court to get sole custody?
Richard Diamond
Richard Diamond
answered on Dec 28, 2022

A witness list is an identification of the witnesses you plan to call at trial. I am sure that the court also required you to submit a pre-marking schedule of documents you plan to you on your case starting with a complete listing of each document. As part of the pre-marking requirement, I am sure... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

The judge in a custody case is the wrong person to be discussing this matter with.

You need to communicate exclusively with the detective assigned to investigate the criminal complaint.

Don’t even bring the subject up in the custody case or the perpetrator will be able to use...
Read more »

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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: When can I use my power of attorney

I have full power of attorney of my elderly mom. She is not capable of handling finances on her own but my sisters have brainwashed her into selling her home as I've been busy with my career. My mom doesn't want to believe she is incapable of making financial decisions and my... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Dec 17, 2022

You have the right to exercise any power that is listed in the Power of Attorney. If you have a specific question how broad is the Power of Attorney's language, please consult with an attorney in your jurisdiction.

2 Answers | Asked in Family Law for New Jersey on
Q: I live in New Jersey and am looking to move to florida. I was wondering about how far in advance do I request this?

He has not seen my son in over 2 years and moved out of state but I foresee an issue with him as he has caused several issues in family court on and off for the past few years.

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 13, 2022

You will have to show that this move is in the best interest of the child and that you have the opportunity for a better quality of life. You need to retain an experienced matrimonial attorney to represent you in this matter. With modern technology, you can be represented by any high-quality... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: What happens to the over $160,000 in arrears that’s owed if I pass away?
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 7, 2022

The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information... Read more »

2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... Read more »

Richard Diamond
Richard Diamond
answered on Dec 5, 2022

The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

2 Answers | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: NJ: 92 y.o. mom asking for legal document stating my husband & I are NOT RESPONSIBLE for paying her debt/medical bills

In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 12, 2022

You will be responsible for all debts incurred by your mother if you signed as a co-applicant when your mother applied for credit cards. You will also be responsible for all credit extended for which you cosigned. In addition you along with siblings may be responsible for debts incurred if your... Read more »

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3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: My xwife have field a complaine vs mother and a daughter cause they abused my daughter,what is the statutes or ordinanc

Court clerk asked her for a statutes or ordinance ???? What is it please.

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 30, 2022

The Clerk cannot expect you to know the statute, talk to a police officer or have one call the Garfield Municipal Court Judge and if it is appropriate ask for the issuance of a TRO, commonly known as a Temporary Domestic Violence Act restraining order. You are going to need a matrimonial attorney... Read more »

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1 Answer | Asked in Divorce, Family Law, Business Law and Civil Litigation for New Jersey on
Q: Can I reopen a post judgment divorce and represent myself? I believe that I can but, what if any are the consequence's?

A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 25, 2022

Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... Read more »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get divorce?

I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.

My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that... Read more »

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

Im sorry to say it to you but you need to have a consultation with an experienced divorce lawyer. Anyone giving you advice as to whether you will or will not have an obligation to contribute to his expenses is doing you a disservice unless he sits down with you to get a clearer handle on what those... Read more »

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2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: If there's nothing currently in writing with court can the mother take a child out of state away from father

My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Oct 12, 2022

Tell him to retain a qualified family law attorney:

N.J.S.A. 9:2-2 states the following:

When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or...
Read more »

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2 Answers | Asked in Family Law and Probate for New Jersey on
Q: Is a verbal order by a Judge on transcript as valid as a written and signed order filed in the Court?

This case involves probate/estate litigation:

The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of... Read more »

Richard Diamond
Richard Diamond
answered on Oct 9, 2022

Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court... Read more »

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