New Jersey Child Custody Legal Questions

I think you definitely need to consult with a  family law attorney. I doubt that a father with pending drug charges who is unemployed would be successful in gaining custody, certainly with a child with special needs. But no matter how bad his case is, it is always better to have an attorney to make sure the court is fully aware of these issues.... Read More

If the minor is living in an abusive household he or she can consult with someone like a school guidance counselor, religious person or doctor. The person is a mandated reporter. Child services, known as the Division of Child Protection and Permanency, will investigate. If you are almost eighteen, even if DCPP gets involved, they could put you in a resource home or halfway home or with some other family member and ensure your safety as well as your receipt of services like school, medical care, and so on. ... Read More

You really need to discuss this with an attorney. It would be like calling your doctor and asking the doctor to prescribe medicine without seeing you. You will need to go to court and obtain a court order. They are minors and as the adoptive parent you are their guardian, not your sister. Please consult an attorney.... Read More

It is never a good idea to not follow a court order or agreement. You could be held in contempt. Your son's father would have every right to file a motion to enforce the order/agreement. Courts make decisions regarding custody and parenting time based upon what is in the best interests of the child. If you believe, and have evidence, that going to his other parent's home every other weekend is not in your child's best interests, then you need to file an application with the court seeking a change in the parenting time plan.... Read More

As part of the Baures requirements, you must present a workable parenting time plan to the court and the child's other parent. It is unclear from your question that you did this. It is important that you offer at least as much parenting time after the move as the child's father is getting now. Obviously, this is difficult when you live in different states. You have to think in terms of offering significant blocks of time to her father, such as a month in the summer, a week over the holidays, long weekends, etc. Also think about Skype, texts, phone calls and Facetime. If he spends one overnight per week than you have to come as close to offering 52 overnights as possible. Perhaps having this amount of parenting time will lead him to consent to the move.... Read More

Not returning your children is against the law and I am usure why local law enforcement will not assist you, unless your court order says something that I am not understanding or am not aware of. You need to go to your local courthouse and file for what is called an Order to Show Cause. That is an emergency order and you will be able to see a judge the same day. Explain to the judge what is happening. You must let you mother know that you have filed the papers so she has the ability to appear in court. This can be done via phone or email.... Read More

The only thing I can suggest is filing a petition for custody. Then if the parents do not contest it, the court may award you custody. However, as the child is still under age, you can expect that there would be an investigation to ensure that the child will be safe in your home. If you can get custody, then I don't think it would be necessary to emancipate the child. However, it may be a question if you were to get custody and seek any child support from the biological parents.... Read More

If you feel it is not in the child's interest to spend the summer with the maternal grandmother and the mother's visits are restricted by the courts, then the grandmother would have to apply to court to show why it is in the child's best interests to spend the summer there. If there are restrictions against the child's mother, then the child's grandmother would have to show that she would supervise the mother's visits with the grandchild and that the mother is not living in her home unless the grandmother is present continually to supervise. Of course, much depends upon the wording of the visitation orders. You should consult with a family law attorney.... Read More

As long as you are not leaving the state or moving to purposefully keep the kids from thier father, you are free to move. You should, however, file for custody and child support as soon as you leave your marital house, so that you have a court order in place that lays out with specifics custody and a parenting time plan. All custody in New Jersey is temporary. Consider a consultation with an attorney in your area. Many offer free consults.... Read More

Grandparent's rights are derivative of the parent's rights. From the way I read your question, you want to see your grandson, but it is your son who has issues. If that is true, you may need to have the mother apply to grant you grandparent's visitation rights. But this seems to involve many other issues. If it is the child who is showing the signs of mental distress you describe, then it is more than likely that a court would have to schedule a psychiatric evaluation to see whether the child is safe in the current location. It may also involve having the Division of Child Protection and Permanency get involved.... Read More

You don't mention if you are still homeless but you say you are back on your feet, so I presume you have housing. However, the fact that you gave him temporary custody may affect the conditions of your prior agreement. But if your order is the same as before, and you can demonstrate that you have stable housing and economic conditions, the court would certainly have to consider having the child either placed again in your custody, or at least modifying the current terms of visitation and custody (i.e. perhaps joint custody). You should always consult an attorney though before going to court.... Read More

There is no set age for emancipation of a minor but the key is that you have to be financially self-sufficient. That does not necessarily mean a friend who is willing to provide since that friend has no real legal obligation to provide for you. Acts like being pregnant, getting married or entering the military if you are able before age 18 can qualify for emancipation. But a parent can oppose that as well. Other than legal services or legal aidin your county, I am not sure about other attorneys that may provide pro bono representation. However, the two schools in NJ, Rutgers and Seton Hall, often have legal clinics where law students and their professors will often represent clients pro bono in relevant areas of law, depending upon what the clinic is involved in. I would start with contacting your local legal aid office, and try the law schools as well.... Read More

You have exactly the same rights to the child's medical records as the custodial parent in New Jersey unless a court has placed some restriction on the non-custodial parent's rights to access such records. I would suggest contacting the pediatrician and remind them that under NJSA 9:2-4.2 the state grants both parents equal access to medical records. I am providing you with the citation. It may require a motion in court to force the doctor's office to release the records if they still refuse.  9:2-4.2 Parental access to children's records. 1. a. Every parent, except as prohibited by federal and State law, shall have access to records and information pertaining to his or her unemancipated child, including, but not limited to, medical, dental, insurance, child care and educational records, whether or not the child resides with the parent, unless that access is found by the court to be not in the best interest of the child or the access is found by the court to be sought for the purpose of causing detriment to the other parent.b.The place of residence of either parent shall not appear on any records or information released pursuant to the provisions of this section.c.A child's parent, guardian or legal custodian may petition the court to have a parent's access to the records limited. If the court, after a hearing, finds that the parent's access to the record is not in the best interest of the child or that the access sought is for the purpose of causing detriment to the other parent, the court may order that access to the records be limited.L.1997,c.406,s.1.... Read More

No guardian will be necessary unless you have been declared incapacitated or are disabled.  At age 18 you became an adult.  During the divorce, parents are still responsible for child support as long as you are in school, and then in college, beyond age 18, but you do not need a guardian.  ... Read More

Given the circumstances, the ongoing Division of Child Protection and Permanency investigation, and in the best interest and safety of your children, you may consider filing a motion to modify the parenting time schedule to reduce your children's father's parenting time or to suspend it altogether at this time.  If you believe the children are in imminent danger and will suffer immediate, irreparable harm if the court does not intervene, then you may consider filing an emergent application, called an Order to Show Cause.  There are other options available to you and details to be aware of that are better explored in a consultation with an experienced family law attorney.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation. Call today to schedule your appointment.  Also, you may find the following websites to be informative: http://www.weinbergerlawgroup.com/blog/newjersey-child-parenting-issues/emergency-child-custody-orders-keep-kids-safe-new-jersey/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-modifications.aspx  ... Read More

Review your Judgment of Divorce and Settlement Agreement, if you have one.  Is your ex-husband violating any provisions of the Judgment or Settlement Agreement?  If so, one option is to file a motion and ask the Court to enforce the terms of your Judgment and Settlement Agreement. You may consider explaining, in writing, to your ex-husband your and Nick's concern and asking him not to attend extracurricular activities that do not occur during his parenting time.  If he refuses and continues to attend activities, you may consider filing a motion with the Court asking the Court to enter an order preventing your ex-husband from attending extracurriclar activities that do not occur during his parenting time.  If you do not feel comfortable explaining the concern and asking your ex-husband in writing, you may file a motion without doing so.  Another option is to retain an attorney to reach out to your ex-husband to discuss the concerns and inquire if your ex-husband will enter into an agreement with you that he will not attend activities that do not occur during his parenting time and/or to retain an attorney to file the motion on your behalf and represent you at oral argument in Court on the motion. NJ Courts provide a post-judgment motion packet to litigants who choose to represent themselves in Court.  The link to the packet is:  http://www.judiciary.state.nj.us/prose/10483_post_jdg_kit.pdf The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  During your consultation, you may discuss your concerns and other options available to you.  Call today to schedule your free initial consultation - (855) 548-1544.... Read More