New Jersey Family Legal Questions

Speak with a local attorney so that you can give more information and be guided accordingly. You may have to submit the QDRO to the court under what is called the 5-day rule which allows you to submit orders without one party's signature with proper notice to them. The rule can be complicated. Again, seek advice from an attorney.... Read More

Unless your son is being somehow abusive or committing some act of domestic violence as described under the New Jersey Prevention of Domestic Violence Act, you are not able to get a Temporary Restraining Order against him. TROs and FROs are put in place to protect victims of domestic violence from further abuse or violence.... Read More

If there is a true danger to yourself, or to your parents, you need to immediately call PESS - Psychiatric Emergency Screening Service, or call 911.  You sibling may be subject to a civil committment to a psychitric facility - it is an involuntary committment specifically because he has become a danger to himself or to others.  ... Read More

In New Jersey, an engagement ring is considered a gift in contemplation of marriage. If there is no marriage then the ring should be returned to the giver and it does not matter who breaks off the marriage. If the marriage does occur, then the ring would not be returnable. So to answer your question, if the ex does not return the engagement ring you should hire an attorney and go to court if it is financially justified to do so.... Read More

This is a difficult condition to answer. Emancipation is not easy in NJ and is available only to those who can show they are self-supporting, getting married or entering the military. The person who has been taking care of the children can apply for custody based upon the fact that the person has been caring for the twins. While normally a non-parent cannot get custody from a natural parent, it is possible to show that the person has become the children's "psychological parent." By showing a close relationship, and the fact that the person has been providing material support, a judge can possibly order a change of support. Since the children are 16 years old already, the judge could also interview them. Their opinion would have some weight as the children are almost at the age of emancipation. However, it is not automatic. Chances are the mother wants the children in order to get government assistance and may fight. You need to confer with an attorney.... Read More

I am not sure what the question is. As you say that the child is fine minus some scratches, it may mean that the chld did not require medical attention. However, it is sometimes necessary to probe for more information. In child custody situations, the custodial parent is supposed to share important facts or events with the other parent. If you feel you need to know more, then I would suggest that you might have to file an application for a court hearing regarding your custodial rights.... Read More

In this type of case, the best procedure would be to contact Motor Vehicles, with an attorney, and request a hearing. If you attend a hearing and can show MVC that there was an unavoidable situation preventing you from paying your obligation, they may eliminate it or at least reduce it considerably given your circumstances.... Read More

You will have to file a petition in court to request a court order to compel the father to sign the passport papers. A motion may take a month or more to be heard, however, you can attempt to file it as an emergency application by showing irreparable harm if the court does not hear the case sooner. This would best be done with an attorney. You will likely be required, if approval is granted, to give the child's father access to your itinerary, an opportunity to keep up contact with his son, especially if visits or contacts are being cut off during the time, etc. If there are places you are planning to go to that might be dangerous, the court may have concerns as well.... Read More

This is a difficult question because if the Division of Child Protection and Permanency (formerly known as DYFS) opens an investigation and a parent refuses to answer questions withoiut an attorney, the Division will likely go to court immediately to seek court orders. Sometimes one needs to cooperate in an investigation but have a sense as to whether the Division is asking for things that might be potentially harmful to your rights. As an example, if there are no allegations of drug use, then it would be overstepping for the Division to ask for a substance abuse test unless that is a component of their investigation. On the other hand, if you had a history of drug use, then it would likely be court-ordered if you refused to take a test. DCPP can also interview children in private. If the DCPP starts asking questions that make you feel uncomfortable, then by all means contact an attorney. DCPP cannot compel you to cooperate, but they can go to court to get a judge to order cooperation.... Read More

Grandparents do have visitation rights in New Jersey under NJSA 9:2-7.1. However, it is not automatically granted, especially if one of the parents does not permit contact. A grandparent will have the burden of proof to show by a preponderance of the evidence that visits are in the best interest of the child. Factors showing that the best interests of the child may be served depend upon the previous relationship of the grandparent and the child (i.e. have you had regular or consistent contact with the child as opposed to infrequent visits or other forms of indirect contact). The court will also look at the time that the child last had contact with the grandparent (was it last week or last year? Of course this will also depend upon the child's age. What was the relationship with the grandparent. How will the child's relationship with the surviving parent be affected? Other factors may be considered such as prior history of any type of physical or sexual abuse or neglect. If the grandparent had been a full-time caretaker of a child, that shall be considered a significant factor to show that it would be in the child's best interest to continue a relationship with a grandparent.... Read More

Even relatives need court orders in order to force a person to leave absent their consent. Since your step daughter is probably not a paying tenant you would have to file what is called an ejectment petition which is for non tenant occupants. I am presuming your step daughter is over the age of 18.  ... Read More

To divide the pension, it may be necessary to prepare a Qualified Domestic Relations Order.  A Qualified Domestic Relations Order (QDRO) is a court order that directs the administrator of a pension or other retirement asset to distribute a portion of the account to another party following the dissolution of a marriage.  The QDRO must be signed by a Judge.  Prior to submitting the QDRO to the Judge for signature, it is often helpful to submit the draft QDRO to the Plan Administrator of the pension plan to ascertain whether or not the Plan can effectuate the QDRO as written or if they require edits to the QDRO.  QDROs can be complex.  If you are concerned about the sharing of the retirement plan, the skilled family attorneys at Weinberger Law Group can advise you on what you can expect and how to best proceed.  Contact Weinberger Law Group to schedule your free initial consultation.... Read More

It is hard to really answer this question because it is not clear. If the Division of Child Protection and Permanency is involved (formerly known as DYFS) you may contact them to see about becoming a placement consideration if the other grandparent is not suitable or able to care for the child. If the Division is not available, then you would have to file a custody application if you are seeking custody for yourself. My advice is to consult with a family law attorney, and if the Division is involved, find one who is familiar with handling DCPP cases.... Read More

Yes, you can be sued for damages suffered by the other party if you were responsible for their damages. In other words, if your insurance is not paying because you had the wrong type of coverage, the other party still has to prove you were at fault for the accident. But if they do, then you might be responsible for more than the deductibles, but any damages to property or person that they suffered. Not having proper coverage does not remove your responsibility if you have no coverage. I have always told people that I know not to waste their money on dollar a day insurance, because, although it meets state requirements for coverage, it does not really protect you if you are in an accident.... Read More

As you indicate it is illegal to sign up a child in a school district where the family does not reside unless they intend to pay tuition to that school. And if he moves, and yet continues to stay in the present school district, guess who would then be responsible for paying that tuition? I would suggest telling your sister, who is not even the other parent, that if she wants to take him in, then she will have to sign him up for the schools where she lives or pay his tuitiion where you live. Beyond that, he cannot be emancipated yet, since he is still attending school and you are supporting him, so you probably should be telling your sister to butt out.... Read More

You may need to go to court to get it amended.  You would file a complaint, order to show cause and ask for the amendment, backed up by your valid marriage certificate and his death certificate.  You can find the forms for a complaint and order to show cause on line at the New Jersey Judiciary website.  You will have to file a proposed form of order outlining the changes that you want to the death certificate. ... Read More

This is a very complicated question and really would require direct consultation with an attorney experienced in these types of international custody cases. They are also very involved and likely expensive to litigate. You may have read about some of these cases over the past two years that involved court fights both here and in the other countries. One famous case involved a family whose child was held by a grandmother in Brazil, and that case took years of appeals before the child was returned. Another involved a mother who took the child to Spain, and Spain refused to honor the US court orders. Maybe you can check the news and find the names of the lawfirms that were involved in these cases.... 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.    In order to properly answer your question, I would need to speak with you and get some additional information, which any court would want to know before deciding the issue.      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, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read More

You should try searching that name in the New Jersey Bar Association directory or the New Jersey Judiciary website.  If you can't find him, he may not be an attorney, but instead may be an heir locator, a person that will help you establish your family connection to the estate, but is not a lawyer. ... Read More