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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How do I find out what my case number is for a Family Court Custody matter in Ocean County, NJ?
Richard Diamond
Richard Diamond answered on Oct 13, 2021

If you or your spouse filed a divorce or custody complaint with the court system in NJ, the document would have a docket number on it next to the caption starting with FM- or FD- ____. That is your case number and whenever you file anything with the court system, you must reference that docket... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: What is my liability in this case? Do I need a lwayer?

Good morning. I purchased a house in NJ back in 2001. My girlfriend, who lives with me gave me some funds at the time, but the house is in my name. She had a stroke back in 2017. She has been in three different nursing facilities in order to help her out. Now she is at home (with aides coming... Read more »

Richard Diamond
Richard Diamond answered on Oct 12, 2021

You purchased a home in your name in 2001. To help with that purchase, your girlfriend put up money as well, which money presumably you never paid back. In 2017, your girlfriend had a stroke and is disabled as a result and requires assistance. Initially, she was in and out of 3 separate longer term... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... Read more »

Richard Diamond
Richard Diamond answered on Sep 30, 2021

Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Are family law divorce mediators required to get a license for each state he/she mediates?
Richard Diamond
Richard Diamond answered on Sep 28, 2021

The short answer is that not all states require divorce mediators to be accredited. In fact, New Jersey is one of those states where there currently are no licensing requirements to simply hang out a shingle claiming to be a credible Divorce Mediator.

Notwithstanding the lack of state...
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2 Answers | Asked in Family Law for New Jersey on
Q: Does NJ recognize or uphold a Postnuptial Agreement?

If the couple wishes to have separate finances but to raise their child together (so that the child doesn't have to go to 2 houses) until he goes off to college, can they stipulate to file a divorce then? Thanks!

Bari Weinberger
Bari Weinberger answered on Sep 28, 2021

Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is... Read more »

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2 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I don't have a solid proof but I think my husband has married another woman he is cheating me on with. What do I do

He has been cheating on me for a long time and I found out in March. He separated his room in December. We had a good friendly relation but he was verbally abusive when he use to get mad. He wanted this marriage to be without any physical relation and not disclose any reasons and I tried hard to... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 27, 2021

Depending on your current immigration status you may be eligible to file for VAWA or self petition to remove the conditions of your green card. I am an immigration attorney and file simple dissolution of marriage petitions for clients. I suggest you look for an immigration attorney in your area who... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: NJ Superior Court Middlesex I asked my attorney for a copy of the testimony that a judge heard in order to create the

TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?

Richard Diamond
Richard Diamond answered on Aug 23, 2021

I have no idea whether there was an order entered imposing a restriction on whether the lawyer could send you a copy of the tape recording of the testimony provided to the judge or hearing officer to support a TRO, but if your lawyer wants you to come into his / her office to listen to it, then go... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I have a living arrangement but a situation has occurred that is now affecting it. How would I go about this?

I am living with my sister but I am moving out of state we had a conversation about it confirmed it and I set everything up so that I’m ready to go by January as far as my current job and how I will be getting to this state with all my belongings. I set these plans with a friend who is coming... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

I gather you and your sister had some type of fight and she is angry at you. I gather also that the home you are living in is either rented or owned by your sister and therefore she feels comfortable telling you that you need to leave. My suggestion is that you swallow your pride and talk with your... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

You need to file for divorce and in the divorce, ask that assets of the marriage be restrained until an equitable distribution of the assets of the marriage can take place. The fact that the home was acquired in his name alone does not mean that you do not have an equitable distribution interest in... Read more »

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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can i be emanispated at the age of 17 because of a verbal abusive guardian in Nj?

I have a job and am getting a good amount of money. I am in school still but will any of this interfere with getting emanispated. Even if i continue to go to school and take care of myself.

Richard Diamond
Richard Diamond answered on Aug 5, 2021

Before deciding you need to be emancipated, go online and do a google search on available social services for teen counseling programs in your area to help prepare you for a change in your life. Counseling can help you better handle the abusive communications, assist you in understanding what... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021

Richard Diamond
Richard Diamond answered on Aug 5, 2021

This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2021

You would need to spend the time just like a lawyer to look that up on the legislative history for the statute. You need to do this online and I suggest using Westlaw or Lexis, be aware they will charge you for the search

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1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for New Jersey on
Q: How much alimony am I entitled to get?

My husband filed for divorce after marriage of 27 months.He filed for divorce in new jersey.He is 32 years old citizen.I am 27 years old green card holder.He earns 70k and I earn 20k annually. I am not having any usa educational degree. He brought house and car before marriage.

What can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2021

These questions cannot be decided in a vacuum like this. You need to retain an experienced matrimonial attorney to protect your interests in this matter. This is not a do-it-yourself project. You can "meet" your attorney by way of a secured video conference or in person. Remember, a good... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can a shared custody order be transferred to nj from NY since the mother now lives in nj? 15 minutes from me.
Michael Andrew Conte
Michael Andrew Conte answered on Jul 2, 2021

Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... Read more »

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