New Jersey Child Custody Legal Questions

The rights are going to be determined by what rights you have currenlty for parenting time and visitation.  Its goign to depend on the custody arrangements, and what visitation there is currently, and whether on not the mother can keep up the visitation even if she moves out of state. ... Read Answer

You may be able to , but you wil have to apply to court to be able to do that.  You will have to provie that you can still keep up with visitation, and allow the children to see their father (if there is visitation now).  You also have to give proof about the job, that the move is better for your family, etc.  In other words, you have to prove that you are not just reloating to prevent visitation.  ... Read Answer

If the verbal agreement changes what is written, then the written agreement is what is neforceable.  If there is no written agreement, the verbal agreement may not be enforceable.  As soon as possible, write down the terms of the verbal agreement as simply as posisble so that you have something that you can refer to. ... Read Answer

Is there some reason DCPPP is giving you for you not being able to adopt the children?  Or at least foster them?  do you have a copy of the file in the matter to be able to determine the reaon they are not even considering you?  Has the decision to do the adoption already occured?  There must be something that has caused you to be deemed ineligible to adopt/foster the children and you need to find out what that is.  ... Read Answer

There are a number of nuances to answering your question that are better addressed in a consultation with an experienced family law attorney.  The attorneys at Weinberger Law Group offer a free initial consultation.  If you desire, you may request to speak or meet with one of our attorneys who is also licensed to practice in New York.  The attorneys at Weinberger Law Group are happy to speak with you and to represent you in strategizing the best way to ascertain whether or not your child's father has filed any actions in New York and/or how to best reunify him with your daughter. Call today to schedule your free consultation.... Read Answer

Both parents have a right to be in their child's life.  The child's father has some hurdles to overcome to successfully be granted sole legal and sole physical custody of the child. In determining an initial custody and parenting time arrangement, the court must consider several factors. The factors include, but are not limited to, the interaction and relationship of the child with their parents, the history of domestic violence, the safety of the child, the safety of either parent from physical abuse by the other parent, the needs of the child, the stability of the home environment offered, the fitness of the parents and more.  The facts you have just shared should be considered by the Judge in making a determination.  The status quo, that is, the parenting arrangement that you have had since the child was born, should also be considered in determining the future custody and parenting time arrangement.   The attorneys at Weinberger Law Group are experienced in representing clients through custody and parenting time disputes.  We are happy to have a free initial consultation with you to discuss the circumstances of your case and outline your options.  Call (855) 545 - 9323 today to schedule your free initial consultation. You may also find the following websites to be informative http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-time-plans.aspx http://www.weinbergerlawgroup.com/domestic-violence/protecting-the-children.aspx... Read Answer

You may want to retain a lawyer in the child's home state.  The child's home state is the state where the child lives on the date the case is filed or within the six months before the case started.  In terms of finding a lawyer, you may contact the local Bar Association for referrals.   I would like to further assist you with your child custody matter, but require more information. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to gather more information during the consultation to better guide you through your next steps.  Call (855) 545 - 9323 to set up an appointment or for more information. You may also find the following website to be helpful: http://www.weinbergerlawgroup.com/blog/newjersey-law-child-custody/filing-for-custody-make-sure-you-picked-the-right-state/  ... Read Answer

You may want to seriously considering retaining a custody evaluator to perform a custody evaluation.  In contested custody disputes when parents do not agree on custody and a parenting time schedule, it is often necessary for one or both of the parties to retain a custody evaluator.  The evaluator is a professional who, after interviews, assessments, and more, recommends a custody and parenting time arrangement.  If, following the custody evaluation, the parents still do not agree on the evaluator's recommendation or on a different parenting time arrangement, it will be necessary to have a trial after which the judge will make the determination. You may find the following websites to be helpful and informative: http://www.weinbergerlawgroup.com/blog/newjersey-child-parenting-issues/child-custody-evaluation-expert/ http://www.weinbergerlawgroup.com/blog/newjersey-child-parenting-issues/child-custody-battle-breakthroughs-4-strategies-really-work/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx The attorneys at Weinberger Law Group are experienced in handling contested custody disputes and can navigate you through this process.  Call (866) 934-2731 or a free initial consultation.  ... Read Answer

It is possible for the court to order parties to attend mediation after they have previously attended mediation.  As you may now know, the court values mediation because, among other benefits, it encourages cooperation and communication between the parents and it allows the parents to maintain the ability to control the parenting plan.  If you have not done so already, you may consider asking the Court to order your ex to contribute to the cost of the mediation and/or to pay your counsel fees.  There may be more options available to you depending upon your particular circumstances.  The trusted family law attorneys at Weinberger Law Group offer a free one-hour initial consultation.  We are happy to speak with you about options and different approaches that may be available to you given your particular circumstances.  Call us today to set up your free consultation.... Read Answer

If the mother does not agree with the custody and parenting plan the father proposes, either party can file a motion with the court asking a judge to make a determination and enter an order.  The circumstances of the situation affect what standard of review the court will apply and what factors the court will consider in determining a parenting plan.  However, the concerns you raise are important for the court to consider. To give you advice on what a court would do if the matter were litigated, requires more information on the circumstances.  The child custody attorneys at Weinberger Law Group are happy to speak with you in greater detail about your concern and will protect your rights and the child's welfare. Call to set up a free consultation. You may also be interested in reviewing the following webpages: http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-modifications.aspx http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-time-plans.aspx  ... Read Answer

The fact that your ex moved thousands of miles away may likely be a substantial change in circumstances warranting a modificiation of the parenting time schedule.  If the two of you are in agreement, you can alter the parenting plan as you see fit.  The easiest way to modify a parenting time order is to create a consent order between both parents, which alters the preexisting arrangement.  You can propose a consent order with terms with which you are comfortable, such as that your ex's parenting time with the child must take place at a particular location(s) and/or that you must be present for the parenting time.  The consent order can also include detailed travel arrangements and pick up and drop off times so each of you know exactly what to expect going forward.  The consent order, once finalized and signed by you and your ex, will be sent to the court to be signed by a judge and filed with the court, making it an enforceable court order.  Another option, beside a consent order, is to file a motion with the court requesting the court modify the parenting time schedule based on the substantial change in circumstances.  For more information, check out the following webpages: http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-modifications.aspx http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx The child custody attorneys at Weinberger Law Group will assist you whether it is in preparing a consent order with terms with which you are comfortable and that meet the best interest of your child or in filing a motion with the court.  Call today to set up a free initial consultation.... Read Answer

Generally, the consent becomes irrevocable and binding, absent fraud or some overriding equitable consideration such as duress or misrepresentation. Consent is irrevocable except at the discretion of the approved agency taking the surrender or upon order of the court.  If you would like to discuss this process further with an experienced attorney, please contact Weinberger Law Group for a free initial consultation.... Read Answer

  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is that a custodial parent seeking to relocate with children outside New Jersey has to show: (1) a good faith reason for the proposed move; and (2) that the move would not be inimical (very harmful) to the children's best interests.  A motion needs to be properly prepared, filed with the proper court and properly served on your husband. You could try to do all of this on your own, if you think that you cannot afford the legal fees to retain a good lawyer. I do not recommend that, because of the importance of this issue to you.  Even if you have to borrow the money, I think that you should do that.  I wish you the best.                                                                 ... Read Answer

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:    You will need to have a Motion properly prepared, filed and served with the Court.  Your history of domestic violence does not automatically preclude you from seeking physical custody of your daughter or having parenting time (visitation) with her.    Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.  ... Read Answer

Courts in New Jersey can order many different custodial arrangements for children, including sole custody, joint legal custody and shared legal and physical custody.  To answer your question, in the range of custodial possibilities, one of them is for one parent to be designated the parent of primary residence of the child.  Prior to ordering a custody designation and a parenting time schedule, the court will often mandate that couples enter into mediation in order to attempt to resolve their family law issues. It is possible for you and your ex to agree on a parenting time schedule that you are both comfortable with and that is in the best interest of your child.  If you are unable to reach an agreement at mediation, the court will schedule a hearing at which the judge will hear testimony from both parties and any witnesses.  After the hearing, the judge will enter an order. There are factors a judge must consider when determining custody and parenting time.  Relevant to those factors, it is important for the court to know that your ex has never spent more than 4 hours alone with your child.  It is important for the court to know all of the responsibilities that you address for your child on a daily basis.  It is important for the court to question the fact that if your ex is scheduled to be working from home, who will actually be monitoring your child.  There are many other questions and issues important for the court to consider before ordering a custody and parenting time schedule that you and your ex will be required to abide by. I urge you to take advantage of the free consultation offered by Weinberger Law Group.  You may call (888) 888-0919 to set up a free consultation. While a personal consultation can provide you with advice that fits your unique situation, the following webpages provide information that will answer some basic questions: http://www.weinbergerlawgroup.com/children-parenting/child-custody/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/arrangements-guidelines.aspx http://www.weinbergerlawgroup.com/familylaw-mediation-mediators/court-mandated-mediation.aspx... Read Answer

Once a child is adopted, the adoption statute terminates the parental rights and responsibilities of the birth parents and transfers that role to the adoptive parents.  The purpose is to protect adoptive parents from post-adoption disruptions in their relationship with adopted children by natural or biological parents.  An application to the court by you to regain legal or physical custody of the child would likely be unsuccessful.  Depending on who the adoptive parent(s) are (for instance, whether or not they are a family member of yours), it may be possible for you to reach out directly to the adoptive parent or parents to discuss you potentially visiting with the child.  To find out if this is a viable option in your case, you may certainly speak with a NJ adoption attorney at Weinberger Law Group.  You may call (888)888-0919 for a free consultation.... Read Answer

I understand you are seeking custody of your son.  There are many types of custody arrangements for children, including sole custody, joint legal custody, and shared legal and physical custody.  Legal custody governs which parent or parents have the authority to make decisions regarding how your child will be raised and cared for, including major decisions such as the child's health, education, religion, welfare and safety.  Physical custody pertains to where the child will live and who is responsible for the child's supervision, lodging and day-to-day decisions.  You and your son's mother may be able to agree that you both make major decisions for your son (legal custody) and the two of you may be able to put together a schedule that sets forth when each of you will spend time with your son (physical custody). If discussion with your son's mother does not work, you may have to go to court and ask a judge to make the decision for you.  Before the judge makes the decision, the court will generally send you and your son's mother to parenting time mediation at the court to see if you and your son's mother can reach an agreement with the help of a mediator who is a neutral third party.  To get more detailed information specific to your case, you may call Weinberger Law Group at (888) 888-0919 for a free consultation.  You may also want to check out the links below.  The second link is to the court's application packet for non-dissolution "FD" matters concerning custody, child or spousal support or parenting time.  If you meet the requirements on the first page of the packet, you can use it to file an application for custody with the court.   http://www.weinbergerlawgroup.com/children-parenting/child-custody/ http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf      ... Read Answer

  As a parent, you have a fundamental right to determine what is in your child's best interest, including decisions about your child’s health.  Your decision as a parent trumps that of a person who does not have legal custody of your child.    Does the Order granting your mother temporary physical custody of your son specify who has legal custody? If so, the persons granted legal custody in the Order are able to make major decisions regarding your son, including decisions about his health.    The attorneys at Weinberger Law Group would be happy to discuss this issue with you in more detail and work with you to reach a resolution.  You may call (888) 888-0919 for a free consultation.   Check out the following links.  You may find them to be helpful.   http://www.weinbergerlawgroup.com/children-parenting/child-custody/   http://www.weinbergerlawgroup.com/children-parenting/parents-rights/grandparents-rights.aspx  ... Read Answer

What your former husband is doing might very well meet the legal definition of harassment - for which you may be able to get a domestic violence restraining order. Even without a restraining order, you can file a motion with the court modifying the current visitation arrangement (hopefully it is in writing) to allow only for supervised visitation. The court will be very concerned about harassment and alcohol abuse - very concerned. Either way, you need to do something, as the current situation is too volatile for you and the children. This will not get better on its own. Edward Zohn, Attorney at Law, Warren (Somerset County), NJ... Read Answer