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 »
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 »
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 »
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 »
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... Read more »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
answered on Dec 5, 2022
Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.
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 »
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 »
Court clerk asked her for a statutes or ordinance ???? What is it please.
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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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