New Jersey Recent Legal Answers from Lawyers

Thank you for your question. To terminate the guardianship of a child, the guardian can file a petition to resign as the guardian and return the child to his or her parent(s).  If the guardian will not willingly terminate the guardianship a petition would need to be filed requesting the court terminate the guardianship.   I would suggest making an appointment for a consultation with an attorney who do this type of work.  ... Read More

Thank you for your question.  I am sorry you are having difficulty with your son.  Your question does not relate to “Family law” and, as such, I am hesitant to answer same.  However, in order to protect yourself, you need to go to Court and assure the Court that you are trying to have your child go to school i.e. you are not just “sitting back” and allowing it, but there is not much you can do.... Read More

Simplest way to start is to ask her for a copy of the power of attorney document she claims your grandmother. I would also confirm your request in a writing (text message or email). Presuming she gives it to you, most likely the document will identify the name of the lawyer and the law firm that prepared the document. I would then reach out to that lawyer to find out what other changes were made to her estate plan (if any). If the lawyer does not wish to speak with you or provide you with any information, you need to speak with your grandmother to find out if she understood what powers she gave her neighbor. If her understanding was different from what the neighbor said, then you might want to record that conversation with your grandmother and then go to a lawyer who specializes in estate litigation for a consultation, bring with you the power of attorney document and the recording and any other material you have as to your grandmothers lack of mental capacity understand her actions including an identification of her medicines, the name of each doctor ( all listed on her medicines and in her healthcare benefit statements). The key is whether your grandmother was / is in control of her facilities to understand her actions and the powers given to the neighbor. If she is in control of her facilities and intentionally gave those powers to her neighbor, then you have a tougher road to prove undue influence. ... Read More

Under both state and federal law, it is illegal for you to buy or use a vape device, regardless of your parents view. Sorry, but in this setting, I agree with the government and dont think you should be doing so. I gave the same advice to both of my sons when they were 17 and I hope that they listened. Its an unnecessary danger to your lungs. ... Read More

Ouch! This is a thorny question - so I need to be careful with my answer. Presumably, the federal government will issue the stimulus checks prior to most people filing their 2020 federal income tax returns and in that setting, the federal government will rely upon the information contained in the 2019 tax filings (as to who is entitled to claim the child's portion of the stimulus payment).  Yet, under the IRS code, since he has the right to claim the child on his 2020 tax returns. but when he finds out that you got the check for the child’s portion of the stimulus payment, he is going to tell you that you need to turn it over to him. If he has already filed his 2020 returns and claimed your child as a deduction, I cannot tell you whether the government’s computer system will automatically make that adjustment and send it to him.  My suggestion is that you suggest to him now that whoever gets the check, the 2 of you split it equally since its additional money not anticipated by your divorce agreement. ... Read More

Under Federal law (42 USC 654 (31)) once the Federal government receives a reporting from a state’s Probation Department system, certifying that an individual owes $2,500.00 or more in child support arrears, the federal government has the right to refuse an individual a passport, or it may revoke, restrict or limit his travel into or out of the country. The fact that you and your sibling may now be emancipated, does not mean that your father honored his child support obligation to your mother and those arrears are not simply wiped out. My suggestion would be for you to speak with your mother and find out how much is owed in child support arrears to see if arrangements can be made to pay them off or to discuss a payment plan with your mother or with the probation department, to permit your father reentry into the country. ... Read More

From a procedural standpoint, if a guy comes forward and claims that he is the child's biological father, he can file an application with the court to establish paternity and seek parenting time and or primary custody of the child ( under proper circumstances). Obviously, if he is the biological father, he will also have to pay child support for the child as well. If he currently is supporting the child but does not know that he is the biological father, at some point in the future, if he wants to file an application seeking to establish paternity, he can do so as well.... Read More

Thank you for your question. There is a possibility that your estate will need to address any arrears that may be due at the time of death. Ultimately, the person whom the money is owed would need to address the issue with any prospective estate.  Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it  would be best to contact an experienced family law attorney to address your specific concerns.... Read More

Whether your husband filed for you under your maiden or married name should make no difference in the timing or the adjudication of the I-130 petition. Petitions are filed under married or unmarried names, and it generally makes no difference to an immigration officer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

I assume by the way your question is phrased that you are contemplating a change of status to F-1 student by USCIS. The I-539 form to change or extend status asks whether an immigrant petition has ever been filed for you. A positive answer brings the possibility that an immigration officer may doubt your nonimmigrant intent, which is required to be established in such cases. I do note that in the past, we have had some such applications approved. Having had an immigrant petition filed on someone’s behalf is not as damaging as having applied for an immigrant visa or adjustment of status to permanent residence. Whether the petition is approved or pending does not change the answer to the question of the immigrant petition on the form. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

The short answer is that you should have a consultation with an estate law specialist in the state where your mother passed to ensure that the executor of your mothers’ estate is following the proper procedures for marshalling the assets of the estate, valuing the assets properly and then distributing the assets in accordance with the direction in the will. A lawyer who specializes in estate work will go over the procedures that the executor is required to follow, and he / she can then follow up to ensure that those procedures are being followed and potentially seek court intervention if there is an issue as to distribution of the assets of the estate.... Read More

Your daughter gave her aunt temporary physical custody of her son because she was unable to properly care for him. Now, a cousin just got out of jail for attempted murder & the family of the guy he tried to kill  plans to get even with the cousin & they plan to shoot up the house that he is staying in – the aunts house, where your daughter’s son is living as well.  And your question is whether your daughter can file an emergent application seeking to temporarily revoke her consent to permit her aunt to have physical custody of her son since she is afraid that her son is in harms way staying with the aunt. I presume your daughter already spoken with her aunt about this information & suggested that the aunt temporarily live elsewhere or that the cousin  temporarily live elsewhere &  the conversation (about either option) did not go well. My sense is that if your daughter simply went to her aunt’s house to take her son back, the aunt would object & potentially call the police, saying that your daughter is not fit to care for her son and that she was given physical custody of her son and that he has been living with her for the past XXX time. Presuming that my sense of the setting is correct, your daughter can still file that emergent application with the court but the focus for the court will be on how long the child has been living with the aunt; what was the reason why your daughter gave up temporary custody in the 1st place & whether that setting has changed; where she will live with the child moving forward; whether the danger to the child is legitimate if he stays with the aunt. Also, I am sure the judge will want to know about the conversation between your daughter & her aunt & why the aunt does not see a reason to change the custodial setting for the child. Those are basic items that would need to be presented to the court as part of this application.  ... Read More

We need to review the charges and prior history of your brother and the plea offers made and the detention hearing record to provide a proper answer. Incarceration is most unusual and would depend upon dangers to the victim or society. We are available to discuss the issues. Please call. Ed Dimon, Esq. 732-797-1600... Read More

Despite the fact that the lawyer passed away, there should have been another lawyer appointed to take over the handling of his outstanding client matters. If you call his office or email him, you should get some type of notification, telling you the name of the lawyer who has taken over the handling of your matter. If you do not get that information or a response, you should contact the Office of Attorney Ethics, whose main office telephone number is 609-403-7800. The department will guide you to whomever has taken over that lawyers client matters and / or assist you in getting back some of your retainer monies. As for moving forward with your divorce, you can also contact the family part section of the courthouse to find out the name and telphone number of the judge handling your divorce. You can then reach out to chambers to let them know that your lawyer has passed away and that you wish to proceed pro se. Someone should be able to assist you in filing the substitution of counsel form so that you can take over your own representation. As it stands now, all notifications are being sent to your lawyers attention ( since he is listed as counsel of record in your matter). ... Read More

The old expression "right church, wrong pew" applies to your setting. This is not a matter to be handled by a divorce lawyer but by a lawyer who specializes in " special needs" law, "special education" law or or by lawyers who specialize in disability claims. I would search for lawyers who limit their practice to special needs law or special education law, as opposed to a lawyer who does everything and claims to also handle this area as well.  Most of the lawyers who specialize in these areas will provide you with a free initial consultation and have experience with "out of home placement" for children with developmental disabilities. ... Read More

I would hire an attorney and have the attorney explain the situation to the prosecutor and have there be a no points/ moving violation so that your driver's license is not impacted. We work closely with the prosecutor and judge to mitigate the consequences. Please call asap to discuss. Ed Dimon, Esq 732-797-1600... Read More

These cases are fact sensitive. The court will want to know what happened and how you were hurt and what treatment you have received. How old were you ? How old was the teacher ? What were the circumstances ? What was the behavior ? How were you damaged ? What nest treatment are you receiving ? Will the treatment doctor opine that the medical condition is linked to the behavior with the teacher ? Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read More

I don't think that this will come as a surprise to you but my suggestion is that you meet with a family law specialist in advance of the return date of your final hearing to go over the allegations in your complaint and to determine if you should amend the complaint to add or clarify one or more of your claims. Please understand that in the courtroom setting for a final hearing ( different than what you experienced in getting the temporary restraining order), your testimony is limited to the specific claims in your complaint. If it is not sufficiently pled in the complaint, the court cannot allow you to testify as to something, not in the complaint or he will allow you to testify as to the additional item but then give your boyfriend sufficient time to prepare a defense to the new information. Too many times, people have reached out to us after failing to get the court to grant them a final restraining order to explore their options, and most of those times, they lost because they were not properly educated on what proofs they needed to present or how to properly present their proofs.  Even if you plan to represent yourself, it is worthwhile to spend the money for a consultation to review the complaint, your proofs, and how to properly present the material to give you a better chance of success or to explore alternate ways of protection. ... Read More

These are fact sensitive cases and the key to success is proving what happened and the intent to harm you. Was this the employer's computer ? Was the email work related ? Who maintains the program ? By way of example, our law firm owns the computer and program and controls all the activities with regard to the computer. This is allowed by the law. Ed Dimon, Esq. 732-797-1600... Read More