New Jersey Child Custody Legal Questions

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  There are no hard and fast rules in New Jersey about who must pick up and drop off children for parenting time.  Each case depends on its unique facts. I will say that my initial impression is that a Court is likely to order that your ex-husband must do at least some of the driving, since you say that the trip is 78 miles each way.  I believe that you should talk as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Family Law matters. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If you would consider retaining our firm to represent you, I would be happy to speak to you briefly by telephone, at no charge. Our telephone number is 973-455-1220. ... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  Have you spoken to your ex about the issue?  If not, you should try to do that. If your ex and you cannot come to an agreement as to what to do, you may need to have a Motion filed with the Court.  In that event, I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters.     Go over your situation in detail with the attorney, 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. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If you would like to schedule a meeting with me, please call us.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  The short answer to your question is: No, you cannot move to Maine with your daughter unless you either have the father's consent or an Order from a New Jersey court.   Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  Every case is evaluated on its own facts.  The court's decision in your case would depend on the particular facts of your case.   That having been said, based on my many years of experience, I can tell you that most of the time, judges try to have the parents share the transportation responsibilities.  If you want a court to decide, a formal Motion would need to be prepared, filed and served on your behalf in the proper form and following all of the necessary procedures.  Then, your ex-spouse would have to file and serve opposing papers.  After that, reply papers would have to properly prepared, filed and served on your behalf.  Finally, the court may require that everyone appear in court for oral argument of the Motion. This process generates legal fees for lawyers like us.  However, I try to focus first and foremost on what is in the CLIENT'S best interests, and I think that if it is possible to avoid the expense and trauma of litigation, it is clearly in the client's best interests.  l My suggestion is that you try to reach a compromise with your ex-spouse.  Two possiblities are: (1) he drive one way and you drive the other way; or (2) you meet in the middle for both the drop off and the pick up.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If you have any questions, I am happy to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including Child Custody cases.  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.  There is a right to appeal the determination of a trial judge in a New Jersey custody case.  However, the appeal must be filed no later than 45 days from the date of the trial court's Decision.  Filing an appeal is a complicated process, and frequently an expensive one.  Before you decide, I strongly recommend that you meet with a very experienced New Jersey child custody lawyer, to get advice.  You say that the judge is a friend of your ex.  Did you ask the judge to not hear the case, for that reason? If so, and the judge denied your application, that could be significant. I would be willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  A good lawyer will need much more information before being able to give you intelligent answers to your questions.  Fro now, however, I can tell you that the mother should not simply move out of the house and take the child with her.  If she does that, she opens herself up to a claim by the father, not only that she unilaterally took the child, but also that she needs to contribute to the ongoing carrying costs for the house, in addition to the carrying costs for her new residence.  If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

Dear Gail, I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including child custody 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.     If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  Have you told your ex-wife what you want to do and asked for her consent?  If not, it is the safest thing for you to do.  If she will consent, make sure that you get that consent in writing.  If she will not consent, you really should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters, to make sure that you she cannot try to stop you after you have made plans to move.    Many lawyers offer short in-person “Free Consultations” as a means of attracting potential clients. I believe that a “Free Consultation” is not sufficient for the potential client to obtain the information and guidance that he/she needs, and that it also “ignores” the value of the lawyer’s advice. Therefore, after speaking very briefly with a potential client over the phone at no charge, I offer as a next step what is called an Assessment, in which I will go over your situation in detail, answer your questions, and give you guidance as to the best course of action. Typically, the Assessment lasts at least an hour. The cost is $425. In order to make sure that the Assessment is as useful as possible for you, we will provide you with a detailed Questionnaire for you to complete and bring to the Assessment. You can call our offices at any time of the day or night to schedule the Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.... Read More

Refer the first attorney to the second. The second may have known what she was talking about, but there could have been a problem with her interpretation, but let her figure it out. But another question, did the first attorney have a written fee agreement? Did it say that he could charge more? Did it provide that he give you an itemized statement? All those should have been included.... Read More

I have seen your question.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and 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.  A good start would be to look at the Section entitled "How We are Really Different."   If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More

In Arizona, at least, the general rule is that the only way to have the child support obligation terminated is by the adoption of the child by another father. You should consult with an experienced family law attorney in your area, however, as some family law courts will allow a deviation of support by the agreement of the parties. There are very strict rules about this, so local counsel is imperative, at least to give you advice.... Read More

Look, all you can do is ask. Based on what you said, it is likely that you can get primary custody. But the only way you will know for sure is to hire a local attorney and make your best case. You can try doing it on your own, but if you want your best chance of getting custody, you should hire an attorney.... Read More

Child support in Arizona is calculated separately for each respective case. It is not as simple as saying that any amount will be divided, because there will be a different calculation for each child under your facts. Here is a link to the Maricopa County child support calculator: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/childSuppCalc.asp As indicated, a separate calculation would need to be performed for each child.... Read More