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New Jersey Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Richard Diamond
Richard Diamond
answered on Apr 18, 2022

I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Last year DCPP removed my three week old at the time child. We have been going through the motions Since
Richard Diamond
Richard Diamond
answered on Apr 18, 2022

I presume you are trying to understand the steps needed for you to regain custody and control of your child from DCPP? At the time that your child was taken from you, I presume that there was information provided to DCPP as to harm to the child, giving rise to its actions and as part of its... Read more »

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: need to modify divorce decree and we both are in agreement. she was granted half my pension but now doesnt want it
Richard Diamond
Richard Diamond
answered on Apr 11, 2022

Not sure why your former spouse has agreed to now waive her claim to share in your retirement benefit but if she is willing to do so, you need to have an amendment drawn up to your settlement agreement reflecting the formal waiver of interest to share in the plan. Simply telling your plan admin at... Read more »

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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: How do I sell a marital home in NJ without the spouse being in the country?

My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?

Morris Leo Greb
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Morris Leo Greb
answered on Apr 9, 2022

It is very easy to do. Make an appointment with an attorney to prepare a deed which she signs along with several other documents required for transferring title. The attorney hold the documents in escrow pursuant to a written escrow agreement which calls for release upon sale of the property.

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Reply by Mar 31.What impact does the decision of the U.S. Department of Homeland Security - U.S.C.I.S. In other words,..

What, if any, evidentiary weight should a New Jersey Superior Court judge give to the federal agency’s revocation of its prior approval of Decedent’s Petition for Alien Relative based on its finding that the marriage between Respondent and the Decedent was a sham marriage?

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

Based on the limited information provided, I presume that you are in the process of a divorce or contemplating a divorce and trying to figure out whether a sitting NJ Superior Court family part judge is required to view the marriage as a sham as well for the legal issues presented / to be... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Hello i wanted to know, if my 18 yr old niece still in high school can legally leave her father's house and move with me

So my niece has been going through it at her father's house as far as mental abuse, body shaming from her father's immediate family, verbal threats and controlling. She has to do everything in the home for everyone. It has started messing with her ability to focus on school. She has... Read more »

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

The first question is where is her mother? Presuming that her mother is not in the picture before you commit to taking your niece into your home, you need to have a heart to heart with her about the ground rules and your expectations of what you expect her to do while living in your home. I would... Read more »

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. It's only legal when you are a child, but when you... Read more »

James A. Abate
James A. Abate
answered on Mar 31, 2022

There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Ex. will take a lump sum payment and forgive the remaining amount due on child support arrears. Legal way to do this

None of the arrears are owe to the state

Bari Weinberger
Bari Weinberger
answered on Mar 30, 2022

Thank you for your question. Generally, if there is an existing court order for child support, whether or not it is paid through child support probation, you should prepare and file a consent order with the court that established the child support obligation so that there is a proper record of the... Read more »

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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 28, 2022

As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can the court make you take classes over one incident between the parents?

Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?

Bari Weinberger
Bari Weinberger
answered on Mar 25, 2022

Thank you for your question. I am sorry the Court is being involved. Yes, a Court can compel you to take classes in that a refusal to do so can lead to the Court removing the children from the home. You should immediately consult with a Family law attorney to recognize and protect your rights... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: How valid is a verbal agreement?

Got a property on a deal and put title on my ex wife name while we were still living together.Did almost all renovations and maintenance for 15 yrs.Deal with her was that after refinancing mortgage into her name she would add me to title.She agreed.She claims recently that the property belongs to... Read more »

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

You need to meet with a family law attorney immediately. It sounds like your ex has forgotten the terms of your deal and since title is in her name alone, you have an uphill battle to prove any ownership interest. Presumably, you will need to file a lawsuit against her to assert various equitable... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Is it possible have Driver's license suspended for child support arrears be restored before arrears are paid in full

On a schedule payment plan since 2009

Richard Diamond
Richard Diamond
answered on Mar 16, 2022

As a result of your arrearage obligation, your driver's license was suspended. If you have been on a specific payment plan for an extended period of time and you are in compliance with your payment obligation (making every payment in a timely fashion with no missed payments), then you can... Read more »

1 Answer | Asked in Family Law and Federal Crimes for New Jersey on
Q: My parents are withholding my mail from me, isn’t that illegal?

I was living with them temporarily for 6 months, they asked me to leave and I’ve been out since February. I have USPS they send me emails about mail coming in. I have mail that was delivered to their house I’ve messaged them multiple times about retrieving my letters without a response. I... Read more »

Richard Diamond
Richard Diamond
answered on Mar 9, 2022

Ask a neutral 3rd party to go to your parent's home and have that person ask your parents to give him / her your mail. I presume that it is safe to say that you and your parents are not on good terms at present and have no intention of communicating with you or responding to your emails. If... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: If a parent has plant mariguana in new jersey at his house does that affect for him for custody ?

He sells and has 2 plant mariguana at his house and does smoke every single day and be posting on his social media does that affect him and can i show that in court?

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 9, 2022

There is no way to determine whether that would be admissible evidence from just these facts. But you are emotionally involved in this matter, and not a trained attorney. So you really need to retain an experienced matrimonial attorney.

2 Answers | Asked in Family Law for New Jersey on
Q: I am a non custodial parent in New Jersey. What forms do I need to file if I move out of state?
Richard Diamond
Richard Diamond
answered on Mar 8, 2022

I presume you are planning to move out of state and looking to put in place a new parenting time plan? Easiest would be if your ex (primary custodial parent) is in agreement with your parenting time plan proposal after your move -f so, you and she can write out the plan identifying the pick up /... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Joint Custody for grandchild. No legal issues or court orders.

Mother has full custody/father gave up his rights. There are no issues. Child has been in our care since birth. Mother was a teen at time so we helped raise child. I’ve always been primary caregiver to child who is autistic on lower end of spectrum. Mother, in best interest of child allowed me to... Read more »

Richard Diamond
Richard Diamond
answered on Mar 3, 2022

I mean no disrespect but I'm not sure I understand the question. At the time of the birth of your grandchild, your daughter was a teenager and because your grandchild was on the spectrum, you handled a tremendous amount of the day-to-day responsibilities of raising your grandchild and you have... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: I just recently found my biological father through Ancestry.com. What should I do next?

I just recently found my biological father through ancestry.com. what do you think I should do next? I already tried to reach out to the family and they said that he died already. Donald Trump said that anybody who found their dads during his presidency he would get at least $100,000 for. I saw it... Read more »

Richard Diamond
Richard Diamond
answered on Feb 24, 2022

Is this about getting the 100,000 or really trying to locate and connect with your biological parent?

If it's about getting a 100,000 payment, I don't think that it will occur. I have never heard anyone suggest that our government was/is planning to pay money to anyone who is...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: If my mom signed a power of attorney to my oldest brother after she was diagnosed with dementia is Legal or void?

She lives in pa now but is living with me now in New Jersey

Richard Diamond
Richard Diamond
answered on Feb 21, 2022

The first question is what does the power of attorney form cover? Is it a power to handle your mother's financial affairs or is it a Do Not Resuscitate power if she is hospitalized or both? A power of attorney is not the same as a will and does not give your brother a greater right to her... Read more »

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