New Jersey Child Custody Legal Questions

I presume that you are the children's father.  If you want the children to continue living with you, I believe that you need to retain a good Child Custody lawyer right away.   I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Family Law matters, including Child Custody cases.  I would be happy to have a brief telephone call with you.  Of course, there is no charge for that phone call.  My firm’s toll-free telephone number is listed below.  Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net).  I wish you the best. David F. Salvaggio, Esq. (877-355-5281)... Read More

Parents generally have the right to see their children unless there is some concern that the visits are not in the childs best interest.  If there is a visitation arragement set by the court, you should not violate the order, because you may be held in contempt.  Instead, you should move the court to modify the arrangement.  A family law attorney can help you, but please keep in mind that terminating parental visitation is VERY difficult in NJ. ... Read More

Dear Joy, I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters. Your recourse would be to retain a very experienced New Jersey Family Law Attorney to help try to get your daughter back.  If this happens, contact me right away.  I would have to check the treaties between the USA and South Korea, which would have a practical effect on how difficult the process would be.   I hope that you do not need to contact me, but please don't hesitate to do so, if the need arises.   David F. Salvaggio, Esq. (877-355-5281)    ... Read More

You say that the other guy is trying to fight for partial custody.  If--as I suspect--there are ongoing court proceedings in California, you need to see a lawyer in California.   Although it seems unlikely that there are ongoing court proceedings in New Jersey, if there are  such proceedings, you may be able to get them dismissed for lack of jurisdiction, and you should contact me to provide me with more information.  My telephone number is 973-455-1220.  To learn more about my Firm, you can access my law firm's website at www.salvaggiolaw.net.      David Salvaggio SALVAGGIO LAW GROUP LLC... Read More

The answer is "no"--as far as YOU are concerned.  Presumably, both of them have interests which are adverse to you.  If, based on his prior representation, that lawyer has information which can be used against you, that is unfortunate but it does not allow you to disqualify the lawyer.  Only if the lawyer previously represented YOU, that would be a conflict.      ... Read More

You have to be kidding. Even if he does not completely ejaculate, if he produces any of the fluids that accompany the sperm (seminal fluids), there will be sperm in the liquid. It only takes ONE sperm in the presence of a certain necessary number to facilitate that ONE sperm to penetrate the cell lining of the egg cell. Simple biology. If you have unprotected sex, you will likely get pregnant. Under the circumstances, do you really want to go through the pregnancy. Do you really want to keep the baby if you do go through with it? What kind of a chance does the unwanted, unplanned child have, when not raised in a loving, 2 adult home. Do we need another screwed up kid growing up dysfunctional, who creates other dysfunctional kids. Boy, do you have some decisions to make!... Read More

The information you have given raises several very significant issues: 1) You say that you never received the divorce papers.  On that basis alone, it may be that what happened was wrong and should be addressed by the Family Court. 2) You say that your daughter is 5 years old and that you raised her for 4 years--yet you also say that you have been paying child support for the last 5 years.  Something does not make sense about that. 3) You say that you recently filed to stop your child support, because of your unemployment.  I hope that you filed all of the necessary papers in the proper form.  Even if you did, courts are very reluctant to relieve a parent from having to pay any child support--under any circumstances.  You need to make sure that you present the best case to the Court. 4) Last but definitely not least, re-establishing a continuing relationship with your daughter is one of the most important things you can ever do--both for you and for her.  I believe that the Court will support you on this desire.  Again, however, you need to make sure that you present the best case to the Court.   When people tell me that they cannot afford to have a lawyer represent them in Court, I suggest that they at least set up what I call an Assessment, so that I can review all of the relevant facts with them and give them suggestions for how to present the best case to the Court.  The cost of the Assessment is only $375 and I believe that it is well worth the "investment" given what is at stake.  To accommodate people who say that they cannot even pay that fee in a lump sum, we accept payment by credit card (VISA, MasterCard or American Express), which allows the client to make manageable monthly payments on his/her credit card. If you would like to take advantage of having an Assessment, please call us at 973-455-1220 to set up a mutually convenient date and time.  Please also take a look at our Firm Website (www.salvaggiolaw.net).  It contains a lot of helpful information. I wish you the best.   David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC... Read More

There is a lot more information that I would need to answer your question or to determine whether we could help you.  We are not licensed to practice law in NC and I am assuming your case is proceeding in the NC courts and not New Jersey?  In any event, if you would like to schedule a consultation, please contact my office.  201-880-9770.  Thank you.... Read More

You can put a provision in your will that you want your sister to have custody of your daughter in the event that you pass away, however, absent your fiance agreeing to give custody to your sister at the time of your death, your fiance, as the natural father, would retain custody of your daughter. Courts presume that the surviving parent is fit and, absent extraordinary circumstances, will ignore any contrary custody designation in a will.... Read More

You don't provide enough information to properly answer your question, but normally custody and restraining orders are separate cases. Custody is determined solely upon what is in the child's best interest and is not decided by allegations or findings concerning protective orders. You can't "give" temporary guardianship to a family member and still argue to have custody yourself.... Read More

Grandparents have no custodial rights in the state of Florida. You will need to establish paternity through an action called a Petition to Establish Paternity and Support. Through that action you will be able to offer the Court evidence that the mother is incompetent or unable to adequately care for the minor child (if indeed that is the case) and that you should be assigned the primary responsibility to do so.... Read More

Giving up parental rights is different than one parent having residential custody. It is highly unlikely that the court will allow father to give up his parental rights because he does not want to pay child support. Such a drastic remedy is usually taken because one parent's conduct is harmful to the child, e.g., mother is addicted to drugs; father is an alcoholic.... Read More

First thing, she cannot just say she wants custody and then she gets it.  In the divorce as part of the work your attorney does for you, there will be a parenting plan negotiated between you and your wife.  The parenting plan is a schedule for when the children will be with each of you.  There is joint residential or sole residential custody.  It is up to you and your wife as to how many days the children are with each of you.  Hopefully it can be a schedule that incorporates what is best for your children. As for custody, there is another part to this.  You will also discuss legal custody of the children.  This involves broad parenting decisions and how they will be made.  Who is their pediatrician; what type of religious education; do they attend private or public school; what activities do they participate in?  Most families have joint legal custody. As for spousal support the law looks at the duration of the marriage and the earnings for both parties.  Spousal support comes into question when the marriage is at least 7 years long.  As for income, with you not working the question will be why?  If it is likely that you could return to work then income will be imputed to you.  This means that even though you are not working at the current time, it is assumed you will earn a certain amount of money.  Yours and your wife's incomes are compared.  If there a significant difference in your earnings then the person earing more income will pay support to the other.  The amount of support is a bigger issue to be discussed person to person.  As you see from all of this, your employment is important because even if you don't work, the court will assume you can earn a minimum income and this will influence the alimony discussion.  I tell most clients, unless there is a specific reason against working, it can damage your position to not have earnings.  If right now, you have no income and she is not paying the bills for you and the children, then your recourse is to take her to court for alimony and child support.  She cannot move out and stop paying marital bills and supporting the children.  The law requires that at the outset of the divorce, the status quo must be maintained.  That means, if she was paying all the bills, then she must continue to do so. Since she already has an attorney, you must get one immediately who will file an answer and counterclaim for divorce.  At the same time, the attorney prepares the motion for support and files that with the court.  I am available to discuss this further.  My phone number is 201-440-6300.... Read More