Until and unless there is a previous court order stating otherwise, your parents share legal and physical custody of any minor children they have in common. There is nothing stopping you and your dad from moving out. If you or your father ever feel that you are in danger from your mother do not...Read more »
My son and his wife were staying with us. My son left for the opposite coast and left his dog. My husband walked the dog in our yard and it attacked our neighbor's cat which was in our yard. My husband got the neighbor who took the cat to the vet. She demanded that we get the dog out of the... Read more »
I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
I live in New Jersey and as of now I'm representing myself in a child custody case. I know I'm allowed to ask the opposing parties attorney for evidence but he also told me I needed to send him a letter in the mail requesting the evidence and told me to be specific on what I'm asking for...would... Read more »
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into...Read more »
Your situation is far too complex for anything other than an in person consultation. You will need to retain an experienced immigration and matrimonial attorney to handle this matter. If the harassment continues, call 911 and file a complaint for harassment and seek a Temporary Restraining Order.
My friend has a court order that she isnt allowed to be alone with her kids. So when her case worker went to her home she stated that I was the one going to her house at night supervising her with the kids. This is not the case. The caseworker has been trying to contact me to verify I was there but... Read more »
Your friend needs to retain an experienced matrimonial attorney to handle this matter, but no one can guarantee, that even with an attorney, that your friend may still lose her children. There are a significant amount of information that would be required to give your friend meaningful legal...Read more »
My friend was reported to social services because she left her son home alone and because she left one day last year and didnt come back to the next morning so out of concern her boyfriend went to court to file for emergency custody. When she went to court the judge told her she wasn't allowed to... Read more »
There are no fixed set of consequences, just do not do it. A social worker has broad powers, but if you believe that you are not being treated properly, than you need to contact an experienced matrimonial attorney to discuss the situation in detail, and if applicable bring the matter to the...Read more »
A TRO has a much lower standard than a criminal charge. That being said many reason exist why a TRO could be dismissed where as those reasons have nothing to do and won't effect a criminal charge. Thus I suggest hiring a lawyer because if it doesn't get dismissed you may be looking at jail,...Read more »
I have been a stay at home mother for going on 10 years. He financially took care of me and the children for those years. We are not married and Nj doesn’t aknowledge common law marriage. I put my inheritance into the down payment for the home. I took care of his mother, the multi family home,... Read more »
This case is going to be very complex and it could get very expensive fairly fast. You need to retain experienced mortgage foreclosure defense and matrimonial counsel. Only a mortgage foreclosure and matrimonial attorney has the expertise to prevent you from having more problems than you can...Read more »
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ...Read more »
Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.
Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to...Read more »
Divored in Florida. My daughter and I moved back to NJ . Her Child support ends at 18 and it doesn’t mention helping pay for collage . Florida law says they don’t have to help wirh collage But Jersey law says they do . How do I get it changed so he is required to help with collage
two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then...Read more »
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made...Read more »
The court can go to the police and charge him with parental interference. This is a second degree offense if overseas. I would have to know a lot more about the order and PSA to give a truly definitive answer and to advise on best course of action.
Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active in my... Read more »
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your...Read more »
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