New Jersey Child Custody Legal Questions

If you were not married, you need to sign an affidavit of paternity to be on the birth certificate. If she refuses to cooperate, file a petition to establish parentage. If she does cooperate, file a petition to establish a parenting plan, since you are not a legal father until the court has established you as one.... Read Answer

I head a law firm that devotes its practice exclusively to New Jersey Family Law matters. It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I am sorry that you say that you do not have enough money for a lawyer. Of course, it would be better to have a good lawyer do what needs to be done for you, rather than you trying to do it yourself. Given the fact that you say you are scared, you may decide that it is worth it for you to try to borrow the money to hire a good lawyer or to put the lawyers retainer on a credit card and then just make monthly payments that you can afford on the credit card. Realistically, it probably would cost at least $2,500 to retain good legal counsel.  If you decide that you want to try to handle it on your own, I recommend that you go to the Superior Court Courthouse in the County where you live and see if someone will help you identify the necessary papers that you need to file and prepare those papers. If you can get the money to retain legal counsel, I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  You can call the phone number below at any time of the day or night, 7 days a week.  If I do not answer, please leave me a voice mail message with your name, telephone number and some good times for me to reach you.  I will get back to you as soon as possible.      ... Read Answer

The first thing you need to do--if you haven't already done it---is to seek the other parent's written consent.  Whether or not you get that consent, I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, to find out the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.    ... Read Answer

I strongly recommend that, as soon as possible, you contact a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters.   I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.  ... Read Answer

First, take comfort that in Utah, the more overnight periods you have the children in your physical custody, the lower your child support obligation. Although it may come to you as cold comfort, it could be worse, had your ex-spouse been awarded sole custody of the children. Second, parents are generally required to share (usually equally) many different kinds of support costs for their children: monthly financial support to meet monthly living expenses for the children; child care, if the parents cannot take care of the during the work day; health and dental insurance and the costs of uninsured health care costs. As to your question about whether you can appeal your child support obligation, the answer is yes, you can. Remember, however, that just because you can ask the court to reduce your child support obligation does not mean that the court will agree with you and give you want you want. Here are the bases upon which you can seek a modification of your child support obligation (any part of your obligation, not just your monthly base child support obligation, but the obligation to share the costs of health insurance, health care, and child care): Utah Code Section 78B-12-210. Application of guidelines Use of ordered child support. (2) (a) *The guidelines shall be applied as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support*. (b) The rebuttable presumption means the provisions and considerations required by the guidelines, the award amounts resulting from the application of the guidelines, and the use of worksheets consistent with these guidelines are presumed to be correct, *unless rebutted under the provisions of this section*. (3) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the guidelines or ordering an award amount resulting from use of the guidelines *would be unjust, inappropriate*, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. If an order rebuts the presumption through findings, it is considered a deviated order.... Read Answer

He can, but will be laughed out of court. He has never been the residential parent. The court will not change this without a change in circumstance of you situation. Again these are threats without any substance. Make sure he has no reason to ask the court to change placement. You know what the court would be concerned with. He knows how you have lived, he probably lived the same way. At some point if he is serious, enter a parenting plan where both of you learn to be parents to this child and he pays support because he wants the child cared for any you have more time with the child and more responsibility.... Read Answer

While your situation is tragic, your finances poor, and your stated intentions laudable, I do not know what you are asking for. If you have no home to take them to you will not get joint custody of your child or children. If she is not following the parenting time order you should seek to have her found in contempt of court, and perhaps seek a change in custody. Other than that the facts and players mentioned are not clear.... Read Answer

Here's the comprehensive answer to your question: When making an award of custody, New Jersey courts consider such factors as: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. Superimposed upon the consideration of these factors is the ultimate determination that the custody decision be guided by the "best-interest-of-the child" standard: The "best-interest-of-the-child" standard is more than a statement of the primary criterion for decision or the factors to be considered; it is an expression of the need to safeguard the interests of the child at the center of a custody dispute.   I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)  ... Read Answer

Why did you not comply with the court order? It will be tough for you to go back to the way things were. You will probably be able to get an order for visitation, but expect to pay child support. You won't know what you will get until you go back to court and ask for enforcement of the present order.... Read Answer

I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. You really need to take action as soon as possible. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

You did the right thing by filing a Motion.  However, there are a lot of complicated issues involved in your type of case, and you would almost certainly be better off with good legal representation.   I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read Answer

Dear Ms. Slockbower, You will need to have a formal Motion filed with the court.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. David F. Salvaggio, Esq. (877-355-5281)... Read Answer