New Jersey Family Legal Questions

You would have to request visitation rights in the court, and claim that you are the father.  She will deny this, and you can request that a paternity test be ordered.  If you are the biological father, you will have to pay child support and will have other financial obligations.  If you cannot afford an attorney, you can try to do this on your own, but it would be extremely difficult.  If you have not spoken to her, and do not know if this is your child or not, the best place to start would be to ask her first.  Good luck.  ... Read More

You can bring any kind of action you want, but be prepared for it to be denied.  It's possible that you could allege "mistake of fact", but you knew that it was a possibility that you would be permanently disabled, so I'm not sure it would work.  See a lawyer in your area for advice.... Read More

AS far as the temporary restraining order, please be certain to get an attorney for the final hearing.  If you represent yourself, you are required to follow the rules of court and the court will not make allowances because you are self represented.  If you can't afford an attorney, many counties have domestic violence projects that will provide the victims of domestic  violence with pro bono attorneys.  My office is in bergen county and I also go to court in Essex, Hudson and Passaic counties.  I am available if you would like to hire an attorney. Usually when one parent wants to leave the state they need the permission of the other parent.  In your situation it sounds like you cannot speak to the father about this issue.  So you will have to apply to the court for permission to leave the state.  Today, in New Jersey, the court's recognize that the parent with custody should have the flexibility to move out of state for legitimate reasons.  You have to explain your reasons to the court in a very concrete way.  This includes what school you will be attending, what kind of program or degree, for how long, job opportunities down there, where you will be living.  Your safety is important but be careful with this one because if the domestic violence complaint is dismissed then you will not have this to rely on. As part of your request include a plan for how the father will see his son, including a schedule, provide for telephone contact and maybe even video chatting.  You have to show that the father's right to have a relationship with his child is preserved.  Overall, the court is looking at your needs to move against the father's right to have a relationship with his child.  I have represented clients in these situations.  To start this, there is a formal application known as a motion that is filed with the court.  You serve the motion on the father.  He is given an opportunity to respond in writing to the motion and then you can respond to his writing.  The Judge will read all the papers and on a scheduled day you and the father (and your attorneys) will be in court in front of the judge who will have questions.  This is oral argument and you and the father are speaking to the Judge with the intention of convincing her that your position is correct.  Usually the Judge will make her decision on that same day. In my experience if the moving parent has a legitimate reason for leaving and it is possible for the remaining parent and the child to continue their relationship, then you should be permitted to leave the state. Helayne Weiss... Read More

You should file a motion to enforce, and ask for fees and costs.  I'm not sure what the hearing date is for - the same issue? The return of the car?  If it is then file something before that date and if he has not returned the vehicle, there is a chance the judge will find him to be in contempt of the previous order, or more likely that another order will be issued that is stronger, and if he fails to comply with that second order, then he will be found to be in contempt. ... Read More

I'm not sure what kind of motion you are referring to.  If the child is age 18 but is still going to school, you may be entitled to child support from the child's other parent.  If the child is no longer attending school, and you are paying support, you can seek to stop the support and have the child emancipated. ... Read More

Determining the amount of child support and spousal support requires the review of a number of different factors.  In child support, it is necessary to look at the number of children, he number of nights the children spend at each parent's house, the amount of income earned, etc.  For spousal support there are also various requirements including the length of the marriage, the age of the children, the work history of the parties.  There is usually not a rule of paying "half" because you do need to take into account the income of each party. ... Read More

She can, but if you ask me it's pretty crappy that she would prefer a sitter to watch her own child rather than have him with her.  Although, if she has him and you have no one to watch him, what is she going to do?  Drop him on your doorstep?  Now, THAT would be negligent and would be cause for DYFS to get involved.... Read More

The court will not dismiss your motion simply because she did not respond.  there is a possibility that the court will grant your motion if you filed the correct information.  The Court may also require more information from you including an updated CIS, but they will not dismiss your motion.  Good luck !!... Read More

Normally a pension cannot be "depleted" because it continues based on a person's life. For example, sometimes there are to pension options: first a person can take a pension that ends when they die; second they can take a pension that continues to be paid to their spouse after their death.  In the second case, the amount of the pension received is usually less.  In either case the continuation of the pension is based on the person's life, not on the payout of a specific amount of money.  you can always contact the pension administrator and discuss options. ... Read More

There is no law that prevents you from leaving, but if you are taking your 11 year old daughter, you need to be careful that you don't get accused of anything.  As long as you have custody of your daughter, you can legally leave with her.   Will you leave (or have) a cell phone number so that her father can get in touch with her?  Do you intend to file for divorce?  child support?  Good luck - I know its a difficult decision but it sounds like you are ready.  If you need assistance, call my office. ... Read More

We have handled a similar case in my office in which the biological father was then made responsible for child support.  you should contact my office so that we can discuss this matter further.  Because the facts sound familiar, I want to be sure I do not have a conflict of interest.    ... Read More

In order to move to another state, you would have to submit documentation to the court that you have a job in another state, that there is support for you there (for example, that other family members live there) and that there is a legitimate reason for you moving out of state.  you will also have to prove that you can still allow for visitation between the children and their father.  ... Read More

You can get child support and alimony by way of a motion to court for something that is called pendente lite relief.  You can ask for that before you are even divorced.  If you can afford it, consult with an attorney about filing for divorce, and filing for pendente lite relief.  If you cannot afford it, go to the county court house of the county in which you live and ask for a "pro se packet" for filing for divorce.  ... Read More

Your sister must have died without a will.  You and your brother therefore both have the right to serve as the administrator of her estate.  The form you are being asked to sign was prepared so that you give up your right to serve as administer and allow your brother to serve.  It does not give up your right to a share of her estate.  If you do not trust your brother and do not want to sign, write the lawyer a letter and tell the lawyer that, and copy the surrogate's office of Bergen County.  ... Read More

Yes - you can always have more than one place of residence, but only one "domicile".  The laws are very particular when it comes to the definition of these things. you can own two difference homes, and both of those are your residence, but only one of those is your domicile, and that's where your vehicle is registered, where you have a voter registration etc.  So the short answer is "yes" you can have two different residences, and both of you should declare one of the homes your "domicile" and use that address as your marital home. ... Read More