New Jersey Child Custody Legal Questions

Your question is not a simple one. 2 years ago, DCPP took physical custody of a child away from the primary custodial parent because of her abuse and neglect (drug use and its impact on the child) and gave physical custody of the child to the other parent. Apparently things changed and the 2 of you began living together again - meaning the parent with the drug issue is in the house with the child and DCPP is concerned about the potential for abuse and neglect of the child as a result of same and because you are allowing her to remain in the house with the child, there is concern for your judgement. If your plan is to continue to live with the parent doing drugs, then you need to present a comprehensive plan to DCPP to show them that the child is protected from the other parent ( ie that parent is never left alone with the child) and that the other parent is in a drug treatment program and is in compliance with all of the testing obligations of the program. You will also need to show how you are taking appropriate steps to ensure the child’s safety on a day to day basis. ... Read More

You need to contact the family court in the county where you live to file a complaint for the establishment of a child support order against him. If he wishes, he can challenge paternity and as a result, the court will order a paternity test to confirm that he is the biological father. The court in NJ has jurisdiction over him since you live in NJ and the child will presumably live with you - which means that even though he lives in PA, the court will serve notice on him of the court proceeding. When you appear in court, you need to give the court as much information about his employment background, educational background and any places of employment so that the court can set a proper order for child support. You also want to keep detailed records of all of your pre-birth expenses so that you can ask that he be responsible to reimburse you for a portion of those expenses as part of the establishment of a child support obligation. You also want to provide the court with the details of any childcare arrangement you plan to have in place so that the court can also impose an obligation on him to contribute to that expense as well. By having the probation department handle the collection of child support, etc, his nonpayment of child support will result in judgements against him, which will follow him wherever he goes in the future. You also need to consider social services, so that you have proper prenatal health care services and proper healthcare after the baby is born as well as financial assistance.  As such, despite his rants and threats, whether he wanted a baby or not, if he is the biological father, he has legal responsibilities to the baby. If he did not want it, then he had the obligation to take proper protection while you and he was sexually involved. He cannot have sex with you and then seek to absolve himself of the consequence of that relationship. Like a bad take off on a Beyonce song, if he didn’t want a child, he should have put a condom on it (sorry but could not resist)... Read More

You need to sit down with a family law specialist who has experience working with child protective services / DCPP to understand the rules and requirements for placement of a child (guardianship) with an extended family member. Im not sure how the Division came to place the child with your cousin's friend but I presume that the DCPP rep asked your cousin for a list of family members / friends willing to take care of the child and as a result of that interview process, this person agreed to step up and take the child. You also need to find out what the requirements are for guardianship of a newborn. ... Read More

Thank you for your question. Language in parenting time and custody agreements needs to be clear and well thought out. You would benefit from a free consultation with an attorney, either by phone or video conference, to go over your rights and options and help you structure a proper parenting time and custody agreement.... Read More

Thank you for your question. I’m so sorry for your dilemma.  When you refer to “charged” do you mean criminally?  Because removal of a child from one state to another is not necessarily a criminal charge.  However, that being said, you can most certainly file a motion with the court to enforce your custody rights.  The fact that 2 years have passed may be looked upon as a waiver but still your ex did nothing to seek permission of the court to make the move.  The court looks to “the best interests of the child” and will decide based upon that criteria alone.  Depending on the age of the child, the court may personally interview the child and/or appoint a parenting expert to weigh in on the ramifications of the move out of state. I hope this was helpful to you.... Read More

It is impossible and potentially unethical for any family law attorney to give you advice on whether a trial judge would award you primary physical custody of your daughter or even a shared equal custodial setting without first sitting down with you to review all of the claims in your matter and understanding the roles occupied by you and your spouse in your child's life. Equally important is review of the expert reports, pleadings, therapist notes and any material contained in DCPP's file ( if applicable). Once a family law attorney has reviewed all of that material, then and only then can he / she be in a position to give you objective and reasonable advice on what is an appropriate custodial plan for your daughter.  Since you suggest that your matter is scheduled to begin trial shortly, I would sit down with your lawyer and go over line by line all of the relevant material and ask the lawyer to give you an honest assessment of where you stand with regard to the requests made by you. Everyone says that they want what is best for their children but in the middle of a divorce setting, sometimes you can be blinded to what is truly best for your child, especially if you still have anger for your spouse ( making it difficult to image him / her having any positive qualities). ... Read More

You are going to have to retain a family law attorney (not a general practitioner) who has experience working with DCPP and its requirements to assist you in navigating through this process. I appreciate that you are in treatment but I gather that the DCPP rep wants a specific written plan in place for treatment, and specific written confirmation from your therapist as to your progress for reunification with your son and for purposes of your daughters care. ... Read More

Im sure that this is a very stressful and potentially overwhelming setting for you. At the end of the day though, if this issue is presented to a court, the judge handling the matter is required to focus on what is best for the child. What is best for the child though is not a simple inquiry when he is a baby. The issue will involve his breast-feeding schedule, how long he will be breast feeding, his sleep schedule, etc.  My suggestion is that you talk with your ex about meeting with a mediator or an arbitrator to address this issue. A mediator listens and makes recommendations to both of you on the issues outstanding. If either of you disagree with the recommendations, then either of you are free to file an application with the court thereafter for the court to rule on it. Conversely, an arbitrator is akin to a judge, where he listens and reviews all of the materials similar to a judge and rules and his ruling has the same type of finality as of a judge had rendered a decision. Alternatively, either of you can file an application with the court (once the baby is born) asking the court for a ruling on the parenting time schedule. Presume, that a judge will require both of you to submit your issues to mediation to try and resolve the issue and if not resolved in mediation, then the court will rule on it. The best advice at this point would be to suggest to your ex that instead of the 2 of you fighting over what parenting time plan is best for the child, agree to meet with a lawyer who is an accredited family law mediator to discuss the issues and see if the 2 of you can find a path forward that is reasonable and one that each of you are comfortable with.  If you and your ex would like to meet with one of the partners in Diamond & Diamond to act as a mediator, please contact Angela 973-379-9292 to schedule a joint meeting. ... Read More

Thank you for your question. Based on your question it appears that there is some disagreement over the custody and parenting time of a child. Furthermore, it does not appear that there is any agreement or Court Order addressing the topic. It would be best to see if an agreement can be reached as it relates to custody and parenting time. In the event the parties cannot agree on a custody arrangement, the Court will likely need to conduct a trial to determine custody. Custody is based on a number of factors that take into consideration what is in the child’s best interest. Based on your circumstances, it may be best to best to contact an experienced family law attorney to address your specific concerns.... Read More

Thank you for your question. I am sorry that you are going through this right now and cannot imagine the stress you are under. There is no requirement under the law that you agree to a parenting time schedule in advance of the child’s birth, nor are you required to agree to a plan that you are not comfortable with. It is, however, advisable that you begin to consider what you would be comfortable agreeing to with the expectation that the other party will file an application with the Court if you and he cannot come to a resolution. The Court, however, does not have the ability to enter a custody or parenting time Order for an unborn child, so that application would not be heard until the baby is born. I highly recommend that you consult with an attorney who can discuss various parenting time plans and proposals that may work well for your situation and assist you in resolving the matter, with or without the Court’s intervention.... 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

None of us know how long that pandemic will last and I understand the concern about your son's health issue, so the issue is what was the father's parenting time plan with the child before this virus crisis occurred? If dad saw this son every wednesday night for dinner and every other weekend and now because of the crisis, im sure that he may feel that the crisis is being used improperly to prevent him from contact with your son.  If the issue was ultimately  presented to a court ( which it may end up taking place), a judge is going to focus on what credible proof was presented by you to justify not permitting the father to be with his son with the burden placed on you to prove it. The fact that dad may have to go to work each day, does not mean that he is not taking all available precautions to reduce the risk of spreading the virus. It also does not mean that his home is any less safe than your home. My suggestion is that you need to reach out to him and calmly discuss your concerns and plan to make suggestions for an alternate plan for him to be with his son. As a simple example, maybe under normal circumstances, you would never want him in your home, but maybe in this setting, you agree that he can visit with your son at your home for dinners ( including a more expansive plan than previously in place) during the week and maybe also inviting him over for every saturday or every sunday so that he can have quality time as well. It may make sense also that while he is in your house, you make other arrangements for yourself, so that you are not invading their time together. I am not telling you to try this plan if you are not comfortable with it, but I am simply trying  to give you an example of a possible temporary solution to a bad setting.... Read More

Thank you for your question. I am sure you are very concerned for your child's best interest, every day, but especially in light of this virus pandemic. This is unchartered territory for everyone. I believe that without a court order, you must comply with what your court order or marital settlement agreement is. You can certainly ask your child's father to confirm that he will take the proper precautions to ensure your son is isolated and that he, himself, has been isolating. We are open for virtual consultations if you wish to talk to an attorney.... Read More

Thank you for your question. Restraining orders in NJ can be obtained against an individual who has family/household type relationship with the victim. Furthermore, restraining orders can be obtained on behalf of minors. Typically custody issues are determined in a different forum than a restraining order, however, the outcome of the restraining order can have serious implications as it relates to custody. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. ... Read More

Thank you for your question. Joint legal custody requires joint decisions regarding education. Additional information is required such as parenting time arrangements and other educational information to better guide you. I encourage you to contact an attorney to schedule a consultation to discuss your matter further.... Read More

Thank you for your question. There are two kinds of custody in New Jersey, legal and physical. The presumption is always that you would share joint legal custody which is the right to make major life decisions about health, education and welfare. Physical custody is more subjective but it sounds like you have worked out a wonderful schedule that works for your family until this point. A person cannot relocate out of state with a child without a court order or consent of the other party. The issue that you will need to address is the best interests of the child. If you have already filed something with the Court, you may want to consider asking to have this heard in an expedited manner if the child’s mother is planning on moving quickly. We offer free consults and can discuss the options of filing an emergent application so that a court can prevent her from leaving the state with your son. ... Read More

Thank you for your question. Just because you move does not change the county that you would file an application if there has been a preexisting docket number. If there has already been a case, you would need to continue to file in that county. You can file a motion in the original county that the case was in for a change of venue, but that will be decided after all other issues in your application have been resolved. I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney as soon as possible, so that you can understand the implications for you. ... Read More

Thank you for your question. I am sorry that you have been dealing with this situation on your own. Unfortunately, there is no automatic revocation of a parent’s legal rights.  To petition for a parent’s right to be terminated you have to go to a trial to establish how  will the revocation of the mother’s rights would be in the best interest of the child. It would be your burden to establish and it’s a high burden to meet because parental rights are protected in the statute and supported by case law.  Please speak to an attorney if you have more specific questions but to answer the question it is extremely difficult to terminate parental rights unless there is a title 9 proceeding or a voluntary relinquishment of right for adoption purposes. ... Read More

Thank you for your question. I understand how worried you must be about ensuring that your mother understands and is able to communicate in connection with her legal questions. We would need to work closely with your mother to obtain an interpreter when vital and needed. We can also do a large part of the communications with her in writing. ... Read More

Thank you for your question. The short answer is no, you do not need to support your ex-girlfriend while she is pregnant. Just because you are going to have a child with her, does not mean you need to be in a relationship with her. On the other hand, I would not totally ignore or avoid her. It would be best to have limited contact with her, especially as it gets closer to her due date so that you can be involved in the child’s birth. I would highly suggest that you meet with an experienced family law attorney who would be able to provide advice on your rights as it pertains to custody, parenting time and child support so that you can be prepared once your child is born.... Read More

Thank you for your question. We’re sorry to hear that you’re going through such a difficult time! The short answer is that the Court is required to do what is in the child’s best interest. We can certainly apply for an Order that requires her father to exercise only supervised parenting time with her. We strongly suggest that you schedule a consultation with an attorney experience in child custody laws. ... Read More

Thank you for your question. Neither party is entitled to leave the State of NJ with a child without the consent of the other party or a Court Order. It is evident that the current arrangement is going to impact the child’s schooling and this needs to be addressed as soon as possible as it affects the child’s best interest. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights. I hope this information was helpful to you.  ... Read More