New Jersey Family Legal Questions

Thank you for your question.  You would need to file an application with the Court in order to establish child support.  Although your children are 20 and in college, child support is warranted as they are still considered unemancipated.  Additionally, if your Agreement provides that he must cover medical insurance, and he hasn’t, you can file an application to enforce same to hold him accountable.  I suggest that you meet with an experienced family law attorney who can assess your matter and better advise on how you can protect your rights.I hope this information was helpful to you.... Read More

You should file a motion to get a court order to establish your parenting time and contact time with your daughter, as well as obtain all contact information for the mother.  You should consider consulting with an experienced family law attorney to discuss the details of your case and file the motion on your behalf. ... Read More

Thank you for your question.  I know how worried you must be about your custody case and having the Judge recused in your case.  The short answer is possibly.  All cases in New Jersey are to be heard by an unbiased Judge.  Judges are to avoid even the appearance of impropriety.  You should immediately ask the Judge to recuse him/herself from your case for the reasons you articulated.   I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about your safety and transferring guardianship to your friend’s parents.  The short answer is to immediately contact the New Jersey Child Support Hotline at 1-877 NJ ABUSE.  You should also immediately contact your school guidance counselor and any other trusted adult, such as teachers, doctors, etc. and report the abuse from your father.  The Division of Child Protection and Permanency is the ONLY agency in the State of New Jersey authorized to investigate allegations of abuse and neglect.  Unless a 16 year old is deemed “emancipated” and capable of self-support, he/she has no independent standing before the Court.  However the Division of Child Protection and Permanency can and will advocate on your behalf so please do NOT stop reporting the abuse! I hope this information was helpful to you.... Read More

Thank you for your question. I am happy to assist. As part of a divorce, the issue of attorney’s fees can be addressed and part of any agreement or determination that the Court makes. Generally, this is a final determination on the allocation of fees associated with the divorce. If you are required to go back to Court for a number of reasons, you can always seek fees that are incurred as a result. If the divorce is final and a determination of fees has been made that is final and your only recourse to ask for additional fees to be paid would be filing an appeal. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about  your custody and parenting time rights.  The short answer is possibly.   Specifically, did DCPP put a safety plan into effect that prohibited contact between you and your child during the investigation?  Even though the court previously entered a custody and parenting time order, all orders involving children are subject to modification upon a showing of a substantial change in circumstances.  Ultimately, the Court must weigh all factors before the Court would determine whether to modify the order in place.  It is important to protect your interests and have  an experienced family law lawyer advocate for your interests .  An experienced family law attorney will help ensure that the current court order is enforced so that you and your child are able to enjoy a close and loving relationship.    I hope this information was helpful to you.... Read More

Hey Michelle, you should hire a lawyer to process a modification n custody order and also ask that the child father finds another place to live. He can start paying child support to help you out as well so that he is not only spending and wasting money on his stuff. Please consult with a lawyer regarding your options. We have licensed attorneys in NJ. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NJ.... Read More

This is a very complex situation to be in. I agree $800 per kid is a lot of money. With technology advancing there are home kits available that can conduct DNA testing for as low as $100. It might not be 100% accurate but to some extent, the accuracy level is trusted by millions of users and I recommend to many of my low-income clients when settlement outside of court is a possibility. I would recommend you hire an attorney, a competent and aggressive attorney. We are based in New York but do have a New Jersey licensed attorney that can assist you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in New Jersey. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New Jersey.... Read More

Even if it is cheaper to go in on a flight and by yourself, you should be best represented by an attorney. If you hire our NJ licensed attorney, you might not have to appear in person and the attorney can go on your behalf since you are out of state. If someone is suing you then that is a serious litigation matter depending on its amount. How small is the claim, and do you agree or disagree? It's better to settle small claims outside of court because even for small claims, an attorney might charge as low as $450 per court appearance or etc. Please call to discuss more details about the case so we can give you an affordable rate. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

When was the order established? You might have the option to appeal it. I would have to review the Judgement Order to see how we can best move forward. If you would like to work with me, I have an attorney on a team that is licensed in both NY, NJ, FL, GA and many other states. We would be happy to work for you and Alimony, Child Support and Custody Cases is what we specialize in. Upon reviewing the documents, I would be able to provide you a discounted (REDUCED FEE) retainer since I am sure your last attorney might have broken your bank balance and reached an unfavourable judgement. Give me a call or text at 212-387-8001 and email the attachment of the judgement at help@smsattorneys.com. To appeal a judgement is usually within 30-60 days if that is not an option, we can proceed to modification directly.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Civil commitment means that he has not agreed to stay for treatment, and that the State is looking for the ability to keep him in the hospital even if he wants to leave.  You do not "have" to appear because he will be given a public defender, and there will be a doctor to testify as to the need for treatment.  If your son lives with you, and you provide a support system for him, you can go to the hearing, and indicate that if he were discharged, you would be able to have him come home to you, and you would provide care.  if the State does conclude that he should be committed, he may be transferred from the facility where he is to a State psychiatric hospital.  Which hospital depends on the location - either Ancora or Trenton, neither of which is a good thing to happen.  You should go to the hearing. ... Read More