New Jersey Family Legal Questions

you can't look at like DYFYS having the power to make you homeless.  From their perspective, they are only interested in keeing a safe living environment for the children in the home.  DYFYS is probably saying that if you stay there, your sister has a chance of having herk ids removed by DYFYS, which could happen if you had drug paraphenalia in the home where the children are. ... Read More

If you have leath coverage for your children through your employer the "right" thing to do is leave them on that insurance.  Medicaid is medical welfare.  If you want custody of your kids, and want them to live with you, you will need to prove to the court that you are ready, willing and able to provide a better home for them.  Health insurance is better than medical welfare, no matter what your ex-wife tries to convince you.  ... Read More

You can always apply, but whether or not you will be successful will depend on why the children were placed into foster care in the first place.  Depending on the status of the children, you may be able to ask family services for assistance, but if the children have been returned to a parent or parents, the DCP&P file may be closed, and you would not get custody over the parents. ... Read More

There is no such thing as "grandparents rights" in New Jersey.  You have to prove that you provided care for the child in a parent like setting.  For example, was the child in your custody for an extended period of time or something similar.  The court will be very reluctant to interfere with the parental right to make choices, including the choice of who the child sees and does not see. ... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  You have asked two questions: (1) Can your ex require you to pay for college? (2) If she does, can you have your child support lowered because of her inheritance?   The short answer to (1) is "maybe."  Under current NJ Family Law, divorced parents do have an obligation to contribute a reasonable amount towards their children's college expenses.  There are a number of factors that courts consider in determining what is reasonable, and each case is judged on its own unique facts.    The short answer to (2) is also "maybe."  The inheritance received by your ex will be one factor that may be taken into consideration. However, there are many other factors that a New Jersey Family Court would consider in making that determination and each case is judged on its own unique facts. I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read More

I'm sorry but I don't beleive ther is anything you can do to sever relations with her legally.  I think its all down to just cutting of ties with her, not contacting and moving on with your own life.  As an adult, you have no obligations towards her, do not have to maintain a relationship with her and are free to sever any and all ties with her.  Best of luck. ... Read More

A this very young age, it is not uncommon that visitation be limited to New Jersey, that you would not be expected to allow the child to to Texas, especially since the New Jersey court does not have jurisdiction in Texas.  Your ex would have to apply to the New ejrsey court for permission to take your daughter out of the state. ... Read More

Its difficult because you are required to sign off on the IEP before they can implement the IEP.  The bottom line is always going to be the services your child receives, and whether or not your child can receive a meaningful education as a result of those services.  I am often involved in special education cases in which the parents do nt want the child diagnosed with one particular problem or another, and I remind them that what is important is the services, not the label.  Sometimes school districts or school pyschologists use a particular diagnosis to make services available.  You have your own report, and as long as the services you want are available, don't worry about the diagnosis. ... Read More

i think at this point, because of what he did, and because the hearing is coming up so soon, you will be able to provide an explanation as to why you did not abide by the visitation agreement, that there were extenuating circumstances.  But do it in such a way as to acknowledge that there is an agreement in place, and that you should have followed it but for the fear that he would again take her and not return her.... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and 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.com) for further information about my firm.  You do not say in your question whether you are divorced or still married, and if you are still married whether there is an ongoing divorce case.  These are important questions, and any good lawyer will need answers to those questions in order to give you a proper answer.  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, 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 about an hour.  The cost is $425. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof, who can arrange a mutually convenient date and time. ... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and 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.com) for further information about my firm.  You have provided quite a bit of information, but not quite enough for a good lawyer to properly answer your question. 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 about an hour.  The cost is $425. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof, who can arrange a mutually convenient date and time. ... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to selected New Jersey Divorce and Family Law matters.  We handle a limited number of cases at any given time. Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The issues you raise in your question are important ones, and the resolution of those issues may have substantial ramifications, both now and in the future. I would be happy to have a very brief telephone call with you, to get a few more facts. There is no charge for the call. If you wish to schedule that call, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. ... Read More

A restraining order comes in two sections : first you get a temporary restraining order from a local police department.  Second, you go to county court and see if there is enough evidence to turn that into a permanent restraining order.  In general though, a restraining order is not meant o be a tool to be used in settling family arguments, it is meant to prevent a vicitim of domestic violence from continuing to be abused.  It is for people who have a genuine fear that a spouse, or family member will harm them.  The fear has to be legitimate, not just that someone is arguing.  ... Read More

It depends on whether the car is registered, and has a license plate.  If it does not, you might be able to just have it removed, and donate the metal for scrap.  If it does have a license plate, I think you can call the police, say that the car is parked there illegally, and have the police impound the car.  Without some kind of power of attorney you will not be able to sell the car or transfer title.... 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. I presume that you are the US Citizen.  As long as you have been a bonafide resident of New Jersey for at least the past 12 months, a Divorce Complaint can be filed in New Jersey. From there, however, it gets a bit more complicated. The Complaint would have to be properly served on the woman in Vietnam.  I do not yet know how difficult and time-consuming that would be. As part of the divorce, the New Jersey Court would also want to make sure that you will provide adequate financial support for the child who is living in Vietnam. To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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, 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, although there is no strict time limit. 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. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read More