New Jersey Family Legal Questions

You've asked a lot of different questions.  Even if one parent is granted sole custody, that does not sever the parental rights of the other parent.  Even if there is a DNA test that says in the court the child does not belong to that father, the birth certificate still says that, so the father will have to try to get the birth certificate corrected.  If not, it would seem the child would still have the legal right to inherit form the father's estate, if there was no will. ... Read More

I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do. Please take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. You have a dilemma.  You are entitled to try to represent yourself, in which case you would not have to pay legal fees, of course.  However, that is not something that I would recommend.  Unfortunately, however, if you are going to be represented by a good Family Law Firm, you will need to figure out a way to pay that Law Firm. You say that your ex-husband "always loses."  If that is the case, I am puzzled why the Judge has never ordered your ex-husband to pay your legal fees.  Although Judges do not always do that, hopefully your NJ attorneys have at least asked for that.  My best suggestion is that we set up what I call an Assessment, so that I can review the relevant facts with you, let you know what I think and how to best proceed. The Assessment is usually done in person at our offices, but if you prefer it caqn be done over the phone. I have found that an Assessment usually takes one hour. My hourly billing rate is $425. Therefore, prior to the Assessment, we ask you to pay $425, which can be paid by check or credit card (VISA, MasterCard or American Express). If the Assessment lasts less than one hour, we refund the balance of the $425 following the Assessment. I firmly believe that the cost of the Assessment is well worth the "investment" given what is at stake. If you want to set up an Assessment, please call us at 973-455-1220. Please ask for Dara Vanderhoof, who is my Scheduling Coordinator and will be able to set up a mutually convenient time for us to meet. We look forward to hearing from you. David F. Salvaggio, Esq.... Read More

Yes - he can because if she was not in college - if she had dropped out for example - then he would have been able to stop support.  He needs to file an application for emancipation, but yes, support stops.  It really only continues beyond age 18 because the child is in college.  Therefore if she is not, for whatever reason, support ends.... Read More

Do you pay child support for this child?  Are you willing to do so until the child is 18 or emancipated?  If you are and you want visitation rights, etc. you can petition the court.  Usually, if the parents are not married, the hospital will put the mother's name on the birth certificate and if the mother wants the father's name on it, the father has to consent.  the child's name is not as important as what role you want to play in the child's life, because once you start down that path, you can't expect to say I want the child to have my name, but do not want to pay support for the child.  Keep in mind also, that you will have to deal with the woman who was your girlfriend, as long as you want to have contact with your child and you will be paying child support to her.   ... Read More

There is no formal reading of a will.  However, the will must be recorded and can be found at the probate court of the county in which your mother lived.  If your brother was named as the executor, then you have the right to make a demand for an accounting.  If your brother refuses, you can seek to have him removed as executor and then some one else can administer the estate. ... Read More

I would need a lot more information in order to give you a fully informed answer to your question. However, if you are unemployed and your husband now has a job, it is very possible that he would have to give you ongoing financial support.   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.nj-divorce.net), which contains a lot of helpful information. You really need to take some action as soon as possible. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call. My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read More

Usually grandparents cannot get court ordered visitation.  Usually it is up to the parents discretion whether there is visitation unless there is some extenuating circumstances like the child lived with the grandparent for an extended period of time, or the grandparent had custody.  Its mostly up to the parents to decide what is best for the child.  ... Read More

It is my understanding that you do not have to use their information. In order to become emancipated, you will have to show that you are capable of living on your own with out their support.  However, if they are providing you with a means of support, housing food clothing, etc. then it is unknown if you can truly be emancipated.  If you can get through the emancipation, then you do not have to put their financial information on financial aid paperwork. ... Read More

Do you charge rent of any kind?  The landlord tenant laws in New Jersey are very "pro-tenant" so you do not want to be in a situation where the adult child claims he/she was a tenant.  If not - change the locks and throw the person out.  Give a deadline, and then indicate that you will consider them a trespasser and will act accordingly.  You have no duty to support your adult children.... Read More

You're going to file for emancipation.  You will be either the plaintiff of defendant, it depends what you were on the original order for child support.  It is not automatic that your request will be granted, just because the child turned 18 and graduated.  If the child is going to college, you may not be able to emancipate the child. ... Read More

First you should find out about New Jersey Family Care which may be able to help.  Next contact your health insurance and complete the application forms. Your son can go onto your insurance if he is the right age, you might also be able to include your grandchild.  If not, I believe the child would be eligible for NJ family care.  ... Read More

You will have to continue to pay child support until your daughter is emancipated.   If she is not going to college, and is out of her mother's house living on her own, you can file an application for emancipation.   You can find the application on line in the New Jersey judiciary website. ... Read More

If mom is living in Florida, I'm not sure why you would need a restraining order.  Typically the restraining order is going to be against someone that you are living with and the idea is to keep your living environment free of domestic violence.  At your age, you should be able to discuss visitation with the court, and have your input be heard as to whether or not you want to see your mother.  If you don't want to see her, and there are justifiable reasons, the court may order that without the need for restraints. ... Read More

It seems like your father might be a vulnerable adult subject to financial abuse.  You should contact the office of Adult Protective Services in the county in which your father lives.  Tell the intake worker what you suspect, and that its possible family members are taking advantage of him.  a case Worker will go and visit and do an investigation. ... Read More

Many times when a spouse dies there is outstanding debt.  For the most part, the debt will attach to the deceased person's probate estate.  The probate estate is the part that passes by way of the will.  Other assets that are in joint ownership, do not pass through the will, and pass to the surviving owner by operation of law.  If the only asset your spouse has is her share of the house that is in joint names, then creditors can only attach her probate estate, and the house is not part of the probate estate. ... Read More

You need to get this issue resolved well in advance of going on vacation.  If you have not already done so, you should send him a request by e-mail or fax, confirming the exact details of your vacation plans and telling him that, if he does not give you his written consent (it can just be a reply to your e-mail/fax), you may be forced to seek a Court Order--and that if you do that, your application to the Court will include a request that he reimburse you for any legal fees and costs that you incur.   Your moving out of State is a separate issue, which may have important implications.  I would need more information in order to give you the proper advice about this issue.       I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Family Law matters, including Child Custody and Parenting Time cases.  I would be happy to have a brief telephone call with you.  Of course, there is no charge for that phone call.  My firm’s toll-free telephone number is listed below.  Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net).  David F. Salvaggio, Esq. (877-355-5281)... Read More