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New Jersey Family Law Questions & Answers
2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond answered on Mar 29, 2021

Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place... Read more »

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

Richard Diamond
Richard Diamond answered on Mar 25, 2021

A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: In order to have somebody legally incapacitated, does a physicians exam need to be done for that specific reason?

Can a physician use an exam from 7 months ago, that was performed for another purpose, to declare somebody incapacitated

Richard Diamond
Richard Diamond answered on Mar 19, 2021

I dont know what purpose you are looking to have someone viewed as incompetent or incapacitated, but it sounds like it is either an estate issue or a medical malpractice issue and in either setting, you should meet with a certified specialist by the NJ Supreme Court. When running a google search,... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »

Richard Diamond
Richard Diamond answered on Mar 17, 2021

1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access... Read more »

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

Richard Diamond
Richard Diamond answered on Mar 15, 2021

So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the... Read more »

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2021

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 involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: What do I need to know about getting a legal name change?
Richard Diamond
Richard Diamond answered on Mar 2, 2021

Presuming that you are over the age of 18 and presuming that you are not trying to hide from creditors or because of a bankruptcy or criminal prosecution or because of any illegal reason, changing your name is not a difficult process but it does have a number of steps that need to be followed since... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: children are covered through the state by the mother for health. Will the medical support notice be sent to my employer?

We had a mutual agreement she would

Get them covered through state but order states I’m responsible does the child support agency look

Up

If they are covered before they send out notice?

Richard Diamond
Richard Diamond answered on Feb 15, 2021

If you and your ex had an agreement as to coverage for the children but the order entered by the judge hearing the child support issue entered an order requiring you to provide health insurance coverage for the children, then you need to file an application with the court immediately to correct... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: I had a 3-month return date for a pro se motion I filed in family. I amended it once and need to again. Is that doable?

The first time my ex-wife did something after I filed that needed to be addressed and I left off one Exhibit by accident. Now she has done something serious again and I want to amend once more. How do I write that?

I put in the word 'amended' on the Notice page etc. the first... Read more »

Bari Weinberger
Bari Weinberger answered on Jan 29, 2021

Thank you for your question. What you can do is file a Reply Certification after the wife files her opposition to your motion. This way you can advise the court of her recent acts. The good thing about the Reply Certification is that the other party is not allowed to file a response to it. So... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I am seeking legal council regarding a complaint filed against me for child abuse which involves vawa act application

My ex is seeking a green card through filing a child abuse case against me. I am seeking legal counseling

Richard Diamond
Richard Diamond answered on Jan 27, 2021

The Violence Against Women Reauthorization Act (VAWA) is a federal program that supports comprehensive, and cost-saving responses to domestic violence, sexual assault, dating violence, and stalking. VAWA gives states and communities tools to assist victims based on local and statewide needs and... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?
Andrew John Economos
Andrew John Economos answered on Jan 13, 2021

As with many questions, it depends. Are they divorced yet? Is there a divorce agreement specifically stating that pro se unconditionally waived their rights to the house? If the answer to these questions is "yes", then absent a showing of fraud (which is no small task), it should not be... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Can a mother keep a child away from a non biological male that was put on a birth certificate for insurance reasons.

My girlfriend was married about 10 years ago. Stayed in the marriage for about a year. Never divorced. She dated 2 years later and got pregnant. The real father doesn't know and left before she knew she was pregnant.. The husband that she never divorced came around, put his name on the birth... Read more »

Richard Diamond
Richard Diamond answered on Dec 21, 2020

This is one of those "ouch" type matters with a lot of twists and turns, so its not that simple. At the heart of this matter is a guy who was legally married to your girlfriend at the time of the child's birth - meaning that he is presumed under the statute to be the child's... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Bari Weinberger
Bari Weinberger answered on Dec 17, 2020

Thank you for your question. First and foremost, all motions are required to be sent via regular and certified mail. I would call whatever courthouse where court is allegedly scheduled to occur. You are looking to speak with the family division office. Once there with your name and even better if... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Can a father change our sons last name if we are legally not married without my consent?

I plan on giving our son my last name, and I do not plan on changing it to his.

Richard Diamond
Richard Diamond answered on Dec 15, 2020

Believe it or not, there are numerous reported court decisions addressing this issue and it may make sense for you to speak with a family law attorney to get better educated on how a court may address the issue if presented. Is it possible that you and he can agree to hyphenate the name so that... Read more »

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Father has new girlfriend that he has had my kids around with out my knowledge.

We were never married totally separated recently. He has had my kids with her several times before I even knew she existed im very uncomfortable with the situation and have asked him not to bring her around kids till things are more serious with them and I meet her. He keeps arguing with me over... Read more »

Richard Diamond
Richard Diamond answered on Nov 16, 2020

Its a reasonable question and my suggestion is that you and he jointly meet with a mental health professional with solid experience involved with custody & parenting time matters disputes so that the person can listen to your concerns and listen to his response and make recommendations to both... Read more »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married

I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married to her when i married my second wife.

I am now divorced from my first wife and want to marry my second wife to make it a valid marriage.

What should i do?

Richard Diamond
Richard Diamond answered on Nov 16, 2020

Im not sure I understand what you mean when you say that your 1st divorce was not valid? But there is a recent NJ appellate division decision addressing this issue, where the parties were "married" for 25 years but when the wife filed for divorce, the husband claimed that their marriage... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Divorce and Family Law for New Jersey on
Q: Does a father have up to 1 year to sign baby's Birth Certificate?

I plan to give my son my last name right away and maybe change it down the road, after I see some changes in the father. How would I go about changing my sons name to his down the road? I heard I have up to 1 year to change it without a lawyer but I don't really know New Jersey law on that or... Read more »

Richard Diamond
Richard Diamond answered on Nov 12, 2020

The process is actually quite simple to change the birth certificate.

To start, go to "Correcting a Vital Record in New Jersey" at https://www.nj.gov/health/vital/correcting-vital/#2

If, you are uncertain or unable to find the correct form, you can also call...
Read more »

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