New Jersey Family Legal Questions

You will need to check what Ohio law will require. In New Jersey you would be required to do an affidavit indicating that your mom is caring for your son and that him moving there is not just so that he can attend a better school, but because you cannot provide care for him.   In Ohio you may need something different and at the very least you would want your mother to be able to get your son medical treatment in an emergency.  Good Luck. ... Read More

Yes - it would be a conflict of interest, however, one party can be considered to be "pro se" or without an attorney.  If a property settlement agreement can be negoiated and signed, then the attorney can put through the divorce for one party, and the other can just go without an attorney. ... Read More

you will have to start with the reasons you were denied a visa.  There could be any number of reasons and you would have to start with the agency that made the determination you are not allowed to have a visa.  Did you over stay a previous visit? Does the USA not allow citizens of the country you live in to visit?  did you apply in person at the US embassy in the country in which you live or was this done by mail?  you must look at the reasons for denial to be able to address the issue, and then possibly apply for a hardship waiver.... Read More

No - you should probably be ok with out an attorney because the court is really only interested in the facts of the case, and whether or no you felt threatened.  You should be prepared to tell just what happened, on each occasion, and how you believe it will continue without the restraints. ... Read More

You probably need to get the help of the Adult Protective Services office in the county in which your father lives.  It is part of the Board of Social Services.  Call APS and explain the situation and ask for assistance for you father, which is the primary concern, and they will also be able to help your brother.    ... Read More

I have this issue come up very often.  The answer is difficult.  If one party paid for the funeral, that party can try to restrict somone from attending the funeral, but if an obituary is published, and members of the public are welcome to attend the funeral, then the brother cannot be kept out unless some type of court order is in place restricting him from being anywhere near to the sister. ... Read More

Your brother cannot deny you the right to see your mother.  You can file a guardianship with the courts to ask to become your mother's legal guardian.  The guardianship would supersede the POA that your mother signed. However, this is not something you can do your self and you will need a lawyer because it involves filing a complaint and order to show cause with the court.  If you are in Ocean or Monmouth counties please call my office. ... Read More

You have the right to have the court order enforced that allows you to see your child.  If your ex will not let you see the child on the days you are supposed to, you can go back to court to enforce that order, and ask for attorneys fees and costs if your ex is found to be violating the order.  Good luck.  ... Read More

Until you are age 18 - your parents are legally entitled to make medical decisions for you.   Ask to speak to your doctors and have them explain the risks.  Maybe they are telling you the worse case scenario but that there is a very small likelihood that any of these things will occur.    ... Read More

It depends on what the judge has indicated and why the psychologist wants to come to the house.  It is likely that when the judge ordered the evaluation the judge did not anticipate the doctor coming to the house, because then it involves you, your house, how your son interacts there.  I'm not sure why the doctor has to do that and i think you are entitled to an explanation, and that your son should be seen in the doctor's office first. ... 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.  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. It is impossible for any good lawyer to answer your question without a lot more facts and documents.  Every application is judged on its own facts. I offer 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 $450. 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

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.  It certainly sounds like the process was not handled correctly, and that you really need to take legal action as quickly as possible.  Your question does not specify the county in which the divorce was granted and 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

First - the will is still not in probate-probate is the process by which the will is authenticated, and letters testamentary are issued to the executor or personal representative of the estate.  The executor may still be in the process of administering the estate.  If there is an asset that hasn't been transferred or distributions have not been made, then the estate is not finalized, and you can still file a complaint against the estate and/or the executor.... Read More

Under the new affordable care act, it may be that your spouse's employer is only covering her as an employee and is no longer offering spousal coverage.  An employer does not have to offer coverage for the spouse.  It may be that she would have been required to pay extra to keep you on the insurance because the employer is no longer providing coverage for you. ... Read More

the power of attorney that was given to your aunt died with your grandmother.  The person who is in control of your grandmother's house is the person named in the will as the executor.  You need to get a copy of the will, see if it was admitted to probate, and who was appointed to be in control of the estate.  You can do this by calling the county probate office in the county in which your grandmother lived. the clerks there will be able to help you find out more about the estate, including getting a copy of the will.  If you were left the house, then you should be able to continue to occupy the house. ... Read More

The answer depends completely on the unique facts of each case.   I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her 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. Your question does not identify where you live.  My offices are in Morristown.  I would be happy to meet with you.  If you want to do that, please call 973-455-1220. David F. Salvaggio, Esq.      ... Read More

Dont call me but call a local NJ lawyer. I think you are correct IF, the account she switched to joint, was acquired during the marriage and not from an ineritance. It would then be marital property. So, when she put the son on the account it would be a transfer of marital property which at least under PA law is a violation of Equitable Distribution. ... Read More