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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: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... Read more »

Richard Diamond
Richard Diamond answered on Jul 22, 2020

Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... Read more »

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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Yes. Single or married.

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: If my minor child were to have his own child, am I still required to pay child support?
Richard Diamond
Richard Diamond answered on Jul 20, 2020

Believe it or not, there are cases where a child gives birth to a child and the court system still views that child as un-emancipated and in need of support from her parents. As an example, if your daughter got pregnant and is in the 11th grade and her plan is to continue with her educational... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can my 18 year old be emancipated if she is 100% dependent on me?

The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college... Read more »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can I retain custody of my twins if , 4 years ago i essentially lost custody as I missed a hearing?

I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.

Thanks

Richard Diamond
Richard Diamond answered on Jul 6, 2020

From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Am i allowed to take my kids out of state and am I allowed to move out of state

My kids live with me and I am the mother the dad sees them some but is very mean to me and i am deciding to move out of state to newyork state and I allowef to move with my kids no legal papers or anything have been ever filed and there's no set custody except. For birth which I am the... Read more »

Richard Diamond
Richard Diamond answered on Jul 3, 2020

The law in New Jersey concerning "relocation" changed recently and now the court is required to employ the "best interest" test to a custodial parent seeking to move out of the state of NJ with the parties child[ren] - meaning that either you need to get a writing from him... Read more »

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: I am DPOA for my mother, over her medical care as well.

She is being treated for lung cancer and she also contracted CoVid from one of the staff so they say...

Now they are saying I am not allowed to see her as I am not essential, however she has made me her Agent, so I should be able To see first hand what is going on

Richard Diamond
Richard Diamond answered on Jul 2, 2020

In response to your question, I typed in the following google search term:

"Lawyers specializing in litigation against hospitals where a patient contracted covid 19"

As a result of this pandemic, there are law firms focused on dealing with the issues you presented and...
Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: My ex-husband emailed me stating he will give half of the amount of child support, how should I do?

When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »

Richard Diamond
Richard Diamond answered on Jul 1, 2020

The fact that your ex-spouse has remarried and now has a step daughter does not give him the right to refuse to pay the amount of child support required by the terms of a NJ court order or as required by a divorce agreement entered as part of your divorce. My suggestion is to meet with a family law... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?

I currently work with the public.. Can my job let me go because of this?

Richard Diamond
Richard Diamond answered on Jun 26, 2020

A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can you file this while a person is incarcerated?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 24, 2020

Can you file what? For child support? Yes, but do not expect to get anything.

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: is my niece still considered family if she was adopted by someone outside the family & had her name changed?

My sister in-law filed for divorce from my brother while he had ALS. My brother died before the divorce was final. My sister in-law remarried shortly after. Her new husband adopted my niece & she now goes by her adopted father's name. Is my niece still entitled to family assets when my... Read more »

Richard Diamond
Richard Diamond answered on Jun 24, 2020

The adoption terminated the legal relationship between the biological parent and the child and created a new legal relationship between the adoptive parent and the child.

Because the biological parents’ rights were terminated, the child no longer has an automatic right to an inheritance...
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hudson county nj. My ex husband owed me 38,000 in back child support, he died last August.

There is a lawsuit about his death and it's being settled now, the lawyer said if he had outstanding debt that would be paid first. How can I get my 38,000 back, it's debt right? How do I get the money when the courts are closed

Richard Diamond
Richard Diamond answered on Jun 4, 2020

Our court system is not closed and you need to take prompt action to ensure that your claim is not ignored. If anything, you want to make sure that the lawyer involved in the case, knows that you have an outstanding judgement for 38,000 for back child support. You also want to make sure that the... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: I want to know if the father does not sign the birth certificate, do they have any parental rights?
Richard Diamond
Richard Diamond answered on Jun 3, 2020

I dont know the current posture of your dispute, but I am guessing that since he is not listed on the birth certificate, you want to know whether he has any rights to visit or be involved in parenting decisions for the child.

Here is my suggestion and it comes from Beyonce's song...
Read more »

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1 Answer | Asked in Consumer Law, Contracts and Family Law for New Jersey on
Q: If I'm 15 years old and I buy my own phone with my money from my job is my mom legally allowed to take it from me?

I want to buy my own phone or lease one. But my mom says I can't, even though I have my own money. Is there any way that I can still buy my phone without her consent?

Richard Diamond
Richard Diamond answered on Jun 2, 2020

Im glad to hear that you are working and earning your own money. Its a good start. Now, lets address the issue as to why mom wants "control" of your phone. Parents for the past 1,000 years have struggled with how to get their children to study, do well in school and go to sleep at a... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: We met a couple of times She got pregnant She asked me for money for abortion I sent it and then she said it was done

She calls 8 months after saying she kept it and I am not ready to be a father

What do I do

Richard Diamond
Richard Diamond answered on May 26, 2020

From the information provided, im not sure if you are being scammed by a con-artist or if she legitimately was not sure what she wanted to do and in the end, decided to go forward with the birth. But, before I would give her another penny, I would ask for the birth certificate, medical records for... Read more »

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