New Jersey Recent Legal Answers from Lawyers

Having practiced divorce & family law in New Jersey (exclusively) for the past 34 years affords me the luxury of being blunt and direct with you in response to your inquiry. Based on the limited information provided, it sounds as if the issue is simply your unhappiness with him wanting to take the children away on a vacation as opposed to any legitimate health issue. Being brutally honest, it sounds as if you are concerned that the children are going to have fun and want to spend more time with him "and his new family" and you are afraid.  It’s understandable but your role as the primary custodial parent is to help the children have a healthy and happy childhood and the more actively their father is in their lives and the more willing he is to be involved, presumably it will be to their benefit. You may need to bite your lip thinking of the million times that you had to remind him of events in the children’s lives or even beg him to attend but your glory is seeing your children blossom into healthy adults with healthy relationships. Never an easy task. I am sure that you will miss them and hope that they have a great time and the best thing for you to do, is to tell them to have fun, behave, be respectful and that when they get back, they can tell you all about their trip. The worst thing you can do is cry when they are leaving, call them while away looking for them to spill dirt on their father and engage in actions to make it clear that you did not want them to go away. If so, when they get back, they will be panicked thinking that you are going to grill them on everything bad about the trip or grill them seeking info to use against their father. Don’t. Tell them that you love them and that you want them to have fun. As far as the arrears, they also are not relevant from a courts perspective as to whether he is entitled to parenting time or vacation time with the children. They are 2 separate issues and the failure to be current in his support obligation will not preclude him from being with the children. If anything, making it easier for him to see and be with the children will probably help in getting him to assist in paying for other expenses for the children over time. My experience is that the tighter you control those reins on when he can see or be with the children, the more likely he will be resistant to help out with the payment of extra curriculars, etc. Your ex may be a guy who is cheap and will not give you an extra penny for the children no matter what you do to accommodate him but remember that the real reason for your actions is to help your children have as normal a relationship with both parents as possible, even if he is a jerk. ... Read More

Thank you for your question.  It is possible that a notarized letter showing that you consent to the enrollment may be enough, but it may depend on the school district’s own policies.  Have you discussed whether this is a permanent change you are looking to make as far as the custody goes?  A change in custody can be difficult to change once it is finalized, so you want to be sure you have considered all of the potential ramifications.  I recommend meeting with a family law attorney to discuss your options.  ... Read More

I am not sure if criminal charges were filed against you or whether your girlfriend filed a domestic violence complaint against you based on terrorist threats, etc or whether your girlfriend  filed a domestic violence complaint and separate criminal charges against you for those actions but you need to meet with a family law specialist immediately. This is not a setting where you want to go to court to try and defend yourself without understanding the legal consequences of the charges against you. In retaining a family law attorney, he needs to review the actual complaints filed against you and read the underlying incident report[s] to know what you are up against and what is the best course of action for you to take. But, please do not ignore the seriousness of the charges against you and do not wait for the court to contact you. It is your responsibilty to contact the court to find out when the matter will be on before the court, so that you can be properly prepared. ... Read More

The short answer is yes, he can get his mail. It sounds like you are more concerned that he is continuing to pick up his mail from the mailbox so that he can monitor you and whether you are home. If that is your concern, then I suggest that you can ask him directly or through counsel to put in place an address change with the post office so that he is not coming around the house, since it makes you uncomfortable. Alternatively, you can tell him that you will put together all mail addressed to him and leave it in the mailbox on a specific day each week so that he can pick it up.  If his actions become overly antagonistic or become harassing in nature, then have your lawyer communicate with his lawyer, telling him that you view his actions as in the nature of harassment and that if he does not change same, you will consider relief from the court system. If you do suggest that his actions cross the line into harassment, make sure that your lawyer details the actions constituting the harassment so that he cannot claim that he was unaware of it. But harassment has to be more than him simply taking his mail from the mailbox.... Read More

     Basically, you are going to have to take the judgment you got in NJ and register it in a court in PA. And from that court, you would take your steps to collect the judgment, like issuing a garnishment, etc.  Since I do not practice in either, I cannot give you specific legal advice on what steps to take in either state.  This is where you really need the assistance of an attorney that specializes in collection law in your part of the country. Because you are going to have to find out if PA wants an authenticated copy of the NJ judgment or one that is certified in accordance with the statutes of the state in which the judgment was issued. You will need to get a copy of what PA wants and have it filed in a county there.  I do not know if PA requires this to be filed by an attorney licensed to practice law in that state or if you can do it yourself.  And it goes without saying, there will be a fee the court will want to file the registration. Once this judgment is registered in PA, it should have the same effect and is subject to the same procedures, defenses and proceedings as a judgment t originally taken in PA. Which means is may be enforced or satisfied in the same manner. The Uniform Enforcement of Foreign Judgments Act states that a foreign judgment may be registered in any court having jurisdiction.  And after its registered in PA, you would need to get their forms to prepare and file a wage or bank garnishment. And you also need to be aware of all the garnishment exemptions the defendant may have there.                ... Read More

A temporary restraining order was entered by a judge in one county in your favor, which temporary restraining order also gave you temporary sole custody of your daughter. And, since the entry of that temporary restraining order, you are now staying in a different county and want to know if you can file an application with the court for continued sole custody of your daughter. The short answer is that there is nothing that precludes you from filing that proceeding as part of a divorce matter (FM proceeding) or through a complaint for custody (FD proceeding). The bigger picture though is what are you looking to accomplish?  Are you afraid that the other parent will be abusive to your daughter if he is given unsupervised parenting time with her or are you looking to prevent him from having any contact with his daughter? If you are looking to put in place a supervised parenting time setting for him with  your daughter, you would need to show a court that he has engaged in behavior that is directly harmful to her and that would put her at risk. The fact that you have filed a domestic violence complaint against him because he has engaged in behavior directed towards you that violates the domestic violence laws, does not automatically mean that he would do anything harmful to your daughter. If you believe that you have facts to support a claim that he poses a danger to your daughter if he is left unsupervised with her, then you have a right to seek restrictions on his parenting time with her. Alternatively, are you seeking sole custody because you do not believe that you and he can talk constructively about important decisions for your daughter and therefore your focus is on the decision making ( as opposed to parenting time)? In that setting, especially if there is a final restraining order entered in your favor, you are in a stronger position to argue for sole custody but again be prepared to present proofs as to the inability to communicate constructively on important issues in your daughter’s life.   ... Read More

 Thank you for your question. In general, if you need copies of your divorce decree and marital settlement agreement, it can be obtained through the court and/or State of New Jersey, depending on how long ago the divorce took place. Additional information is required to better assist you and I suggest that you speak with an attorney so that he/she can offer you guidance with this issue.... Read More

What were the actual violations ? If speeding violation, how fast did the officer state that you were going ? Reckless driving ? Where did the violations take place ? How did you get along with the officers?  Please remember that the officers will testify if challenged and are professional witnesses. You are entitled to receive the police reports. The reports set forth the police view of what happened. What does your driving record look like ? These are all crucial factors. Please call immediately to discuss. No charge. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

I do not know what the letter from the law firm said, but as of this moment, the court order in place controls. BUT I gather they are suggesting that there be a modification to your current parenting time plan because of health concerns created by the current pandemic. I dont know if the concerns voiced in the lawyers letter are legitimate or simply an effort by your ex to reduce your time with your daughter - so I suggest that you contact a family law attorney ( not a lawyer who does some family law) to review the letter with him and to discuss whether the concerns voiced are accurate or wrong. If the claims by your ex as to your household are incorrect ( most likely that she is fearful that you are not properly protecting yourself from the virus and she is fearful that you will cause it to spread to your daughter, who will bring it home to her household). This is a setting where calm is best and you / your ex try and figure out how to work together on a plan that permits you to remain actively involved in her life and at the same time addresses her "legitimate" concerns ( if her concerns are legitimate). If your lawyer believes that the concerns voiced are not legitimate, let him respond and provide the details of why you do not believe that any change in your parenting time plan is in order. Again, stay calm and focused and meet with the lawyer. ... Read More

Proceeding down the path you are pursuing will be the quickest way to get your wife to file a domestic violence complaint against you and having your world turned further upset down. You are married and you and your wife have a car with payments on it. As part of a divorce, one of you will end up with that vehicle and presumably the payment obligations associated with it as well. So, instead of stressing out and looking to create unnecessary issues for yourself, go meet with a family law specialist and get educated on your rights and your responsibilities as part of the divorce process as opposed to threatening your wife about her driving the car. Let me give you an insight – you acknowledged that you and your wife purchased a vehicle in 2019 and after its purchase, your wife has been driving it and now that you have decided to divorce her, you feel she should no longer be permitted to drive it and you are trying to figure out how to take it away from her and you are trying to rationalize your view. After being a family law specialist for the past 34 years, I can promise you that if you try and take that car away from your wife, you will be looking at a domestic violence setting, where your wife will state that you are engaging in harassment type behavior and took her car away from her to punish her and I can promise you that 96.275% of the family law judges in the state will view your actions as harassment and if so, impose permanent restrictions on you and more likely than not, require you to immediately return the car to your wife as well. So, meet with a family law attorney, get educated and do things more constructively in your divorce, so that there are fewer consequences to your actions. ... Read More

  It is difficult to give effective legal advice when there is so little known about the individual. She and you (or you if you know the facts of her case and she is still detained) would best be advised to make an appointment with an immigration lawyer who can explore her situation and go over any options or reliefs. 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

You are not entitled to a copy of a Will simply because you are related to the deceased.  But when a Will is submitted for probate, it becomes a matter of public record.  You can check with the local surrogate's court.  You write that your father recently passed.  Please note that a death certificate must be obtained before the Will can be probated, perhaps accounting for any delay.... Read More

I believe i answered this question. We have just completed a similar case. We looked carefully at the circumstances of the NY diversion and spoke with the NY authorities. The NY diversion did not disqualify our client from getting PTI in NJ. Please call asap to discuss. Ed Dimon, Esq. cell is 201-892-4824... Read More

This is an unusual circumstance.  But the mechanism for how and when the landlord ("LL") may/is required to return your deposit is governed by the lease.  It's tough to say whether beaches will be open in June but the LL might say it was only required to give you possession to the house (and not also the beach).  In any event, you might consider hiring an experienced lawyer (on a flat fee basis) who can help you assess your options and work out a resolution with the LL that is mutually beneficially.... Read More

Whether or not the LL should have returned the security to you or your roomate is governed by the lease. In any event, you are still entitled to have your share of the depost returned to you by your roommate.  Consider hiring a lawyer to write him an email or a letter threatening litigation to get him to return the money.... Read More