New Jersey Family Legal Questions

Thank you for your question.  It is possible that a notarized letter showing that you consent to the enrollment may be enough, but it may depend on the school district’s own policies.  Have you discussed whether this is a permanent change you are looking to make as far as the custody goes?  A change in custody can be difficult to change once it is finalized, so you want to be sure you have considered all of the potential ramifications.  I recommend meeting with a family law attorney to discuss your options.  ... Read More

I do not know what the letter from the law firm said, but as of this moment, the court order in place controls. BUT I gather they are suggesting that there be a modification to your current parenting time plan because of health concerns created by the current pandemic. I dont know if the concerns voiced in the lawyers letter are legitimate or simply an effort by your ex to reduce your time with your daughter - so I suggest that you contact a family law attorney ( not a lawyer who does some family law) to review the letter with him and to discuss whether the concerns voiced are accurate or wrong. If the claims by your ex as to your household are incorrect ( most likely that she is fearful that you are not properly protecting yourself from the virus and she is fearful that you will cause it to spread to your daughter, who will bring it home to her household). This is a setting where calm is best and you / your ex try and figure out how to work together on a plan that permits you to remain actively involved in her life and at the same time addresses her "legitimate" concerns ( if her concerns are legitimate). If your lawyer believes that the concerns voiced are not legitimate, let him respond and provide the details of why you do not believe that any change in your parenting time plan is in order. Again, stay calm and focused and meet with the lawyer. ... Read More

"Affordable" is a bad way to pick a lawyer for this type of issue. The  real issue is what will be the consequence to you and to your future, if a final domestic violence restraining order is entered against you. If you and she have a child together, the entry of a final doemstic violence restraining order gives your girlfriend specific legal rights as to custody of your child and the entry of a final order may impact your employment opportunities in the future as well. I would interview several family law specialists ( not general practitioners who handle family law matters) and ask them 1st how many domestic violence trials they have handled in the past 1 year, 3 years and 5 years so that you know that if the matter must be tried, you have a lawyer with experience trying this type of case. 2ndly, I would want a lawyer who knows the law governing domestic violence and whether it is the type of claim ( i.e harassment, physical violence, stalking) aad whether a civil rrstraining order can be entered into with the other side to avoid a formal final order or if its the type of allegation that you have a legitmate basis to fight in a trial setting. Simply because she has filed a domestic violence complaint against you ddes not mean that you do not have the right to fight it as well and an experienced family law attorney can discuss with you whether he thinks that you have a legitmate basis to challenge it  (ie under the 2nd prong of the Silver test, whether the court can find that you are not a continued threat to her and dismiss the restraining order - even if the allegations against you are true).  ... Read More

Im sorry that things have happened in your life that you feel the need at age 16 to seek a determination of emancipation. Emancipation is more than simply you having a job and wanting independence. I dont know what is taking place in your life and whether your settingnecessitates a formal declaration of independence, but the concept of emancipation is that you are no longer within the sphere of influence of your parents or legal guardian.  It means that your parents or guardian no longer have the ability to control or influence you and your decisions, which include where you live, work, etc. Parents and guardians have a legal obligation to provide support for children unitl age 18; at which point, you / they have the right to view the setting differently and there is a presumption of emancipation. Before pressing for a legal determination of emancipation, I would try counseling with or without your parents or guardian to help you understand why you want this determination now verus waiting 2 years for it to occur naturally ( if you go to college, legally, parents may still be obligated to assist you financially ).  If you truly wish to pursue this course of action, I would contact the family law clinic for either Seton Hall School of Law or Rutugers family Law Legal Clinic to schedule a meeting with a professor and student to discuss the filing of an application to the court and what is invovled with it and the consequences  of your actions if successful. ... Read More

Thank you for your question. I'm sorry you are having problems with your father. However, I believe it would be more prudent for you to consult with a "wills and estates" attorney as opposed to a “family Law” attorney. As, unfortunately, your mother passed away, and as there was/is no divorce pending, the Probate Court, as opposed to Family Court, will take charge of the matter. As such, and as stated above, a wills and estates lawyer is far more qualified than a family Law attorney to answer your question. I hope everything works out okay.... Read More

Thank you for your question.  I’m so sorry to hear that you are going through this.  It must be incredibly stressful for you.  You have the opportunity to explore retaining private counsel to represent you at any time you wish.  The Court does not frequently deny a change in representation, but that is very much dependent upon the status of your matter.  It is unclear from your inquiry where you are in the process or what your involvement with the Division is, and the answers to those questions are crucial to allow us to help you understand your rights and options.  I encourage you to contact an attorney to schedule a consultation where the specific details of your matter can be explored and the attorney can guide you accordingly.... Read More

Thank you for your question. Whether an annulment is appropriate would depend on a couple of factors. Were you living together in Peru for any duration after the marriage, or did you live here in the United States for the entirety of the marriage? Did you live together in Florida at all since the time she moved there? If an annulment is not a possibility, there are a number of grounds for divorce which we can also discuss, including but not limited to separation and/or irreconcilable differences. I recommend speaking with a family law attorney to discuss your options moving forward. ... Read More

Thank you for your question. If you keep a child outside of a court-ordered timeframe/beyond the parenting time schedule which is embodied in the terms of a court order, you are in breach of the order, and depending upon the circumstances, may be subject to remedies in civil or criminal court. The other party could call the police for a return of the child. The fact that one party may have deviated from the plan at some point does not mean that the plan no longer has to be followed. Only changes to a plan, in writing and incorporated in an agreement made part of a court order can supersede the contents of a prior order. If you would like to explore the possibility of negotiating a Consent Order with your child’s mother to change the plan already in place, or to explore how to file an application with the court amending the prior order to expand your parenting time, please schedule a consult a family law attorney.... Read More

Thank you for your question. Custody battles can be very difficult especially when one parent is not following the court order. If you have an order that states that your child cannot be removed from New Jersey and her mother removed her, you need to file an emergent application with the Court. It is unclear from the information you presented why New Jersey courts would not enforce the court order so it is important that you consult with an experienced custody attorney as soon as possible so you do not delay in enforcing your rights and the Court Order. I hope this was helpful to you.  ... Read More

Thank you for your questions.  We’re sorry to hear you’re going through such a difficult time!  The short answer is that it sounds like you need a more detailed parenting time schedule.  The standard the court will follow is what is in the best interest of your child.  I would strongly suggest that you consult with an attorney specializing in family law to assist you with this issue.     ... Read More

Thank you for your question. You are addressing two separate issues. For both, you should consult with an attorney. If she proceeds forward on a restraining order, there can be both civil and criminal consequences. On the other hand, you may have reason to file a motion for enforcement on parenting time issues. ... Read More

Thank you for your question. I am sorry you are dealing with this situation. There are some enforcement options but before I am able to explore them, I would need more information for example, is the custody order a result of divorce proceedings or a non-dissolution application? Do you a Marital Settlement Agreement? Was the TRO resolved? Therefore, please schedule an appointment with an attorney and please bring all orders, agreements and the TRO so that the attorney can have a complete picture and be able to explore your options for enforcement including what sanctions if any are available to you. I hope this was helpful to you.... Read More

You must live continuously in NJ to file for divorce here. If you lived in NJ before your husband "sent" you back to India, you may still be able to file upon your immediate return to NJ if your India trip is considered a vacation or holiday. Regarding what to do in India, seek an attorney in India or the police for the return of your papers. Thanks, Edward Zohn, Attorney at Law, 908.791.0312 (Warren, NJ)... Read More

Thank you for your question.  I can imagine how difficult it must be to constantly struggle financially while your ex-wife seems to be doing better than you.  It is certainly possible to have your alimony obligation reevaluated.  It sounds like you would qualify for the standard which is changed circumstances.  It is imperative that you consult with a family law attorney experienced in post judgment issues to discuss the specifics of your case and review your financials so that you can make a motion as soon as possible.  Keep in mind that your award will be recalculated only as of the date you file the motion so it is extremely important to do so without delay!... Read More

Thank you for your question. I truly understand your concern. As to your inquiry about the medical bills, the short answer is that you will likely still be responsible for your share as detailed in your MSA. The answer is not quite so clear in the case of the college contribution, as there is case law in New Jersey that sets forth several factors for the Court to consider when faced with a decision as to whether to require one parent to contribute to college. One of those factors is whether the parent being asked to contribute has been included in the decision making process with regard to college selection, and it seems that you have not been. Every situation is different, and a more thorough discussion of your particular circumstances would enable us to provide a more specific answer to your questions. Therefore, I strongly suggest that you schedule a consultation with an experienced family law attorney who can discuss your situation more with you and provide you additional guidance.... Read More

Thank you for your question. I am sorry it involves such unfortunate circumstances.  You do need to make formal application, by way of the filing of a Complaint (the word “Complaint” is simply a legal term; you are not of course accusing anybody of any wrong doing) in the county court wherein you reside.  You do need to attempt to serve the biological father of the intent to change the name.  If he is served with the Complaint and does not choose to oppose the application (likely, considering his non-involvement) the matter will be treated as an “uncontested matter” and the name change is merely procedural in nature.  If he does oppose it, there is still a very good chance of prevailing , again based upon his non-involvement and because he has chosen not to maintain a relationship with his child.  I suggest you schedule a complimentary consultation so as to more fully address this issue.... Read More

Thank you for your question. Since the divorce is still pending it is imperative that you address these concerns in any agreement that may be entered. While it may difficult to determine if she remarries, there may be means to address your concerns in the future. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read More

Thank you for your question.No, your husband cannot just snatch your daughter.  He will have to make an application with the Court requesting custody.  I strongly encourage you to schedule a consultation with an experienced family law attorney to discuss your rights. I hope this information was helpful to you.... Read More

Thank you for your question.In New Jersey, if you wish to relocate, you must have the consent of your child’s father or have a Court order permitting you to do so.  If you cannot locate your child’s father, you may need to file an application with the Court in order to do so.  In order to prevail on a relocation matter, you must show that the move is in the best interest of your children.  Some factors that are considered when determining whether you can relocate with your sons include the parties’ ability to agree, communicate and cooperate in matters relating to the children, the interaction and relationship of the children with their parents or siblings, the stability of the home environment, the geographical proximity of the parents’ home, etc.  I suggest that you meet with an experienced family law attorney to discuss strategy for your matter.  Relocation cases can be complexed as Courts are reluctant to allow a custodial parent to move out of state; however, every case is different and depends on your supporting facts.   I hope this information was helpful to you.... Read More

Thank you for your question.There are many factors to consider when determining whether an award of alimony is warranted, and if warranted, the duration and amount of same.  The duration of the marriage and your financial circumstances are only two factors.  You may be able to negotiate the retroactive support that you provided; however, I will not be able to give you a more definitive answer without knowing more about your case.  For example, what is the need for alimony? What was the standard of living established during your marriage?  These are just a few more factors that are used when determining alimony.  I strongly encourage you to schedule a consultation with an experienced family law attorney. I hope this information was helpful to you.... Read More

Thank you for your question. In New Jersey, emancipation is very fact-sensitive, but the essential inquiry is whether the child has moved beyond the sphere of influence from his or her parents or guardians.  The child must obtain an independent status of their own.  You would have to prove that you no longer need financial support from your parents or guardians.  In your case, based upon the fact that you are receiving support from another family might impede your goal of emancipation because it means that you cannot support yourself on your own.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights.  I hope this information was helpful to you.... Read More