New Jersey Family Legal Questions

I am sorry to hear about your brother.  If your brother is incapacitated, one option is for you to go to the surrogate's office in the county in which your brother resides and file an emergent application/order to show cause asking the court to grant you guardianship of your brother based on the state of his health and the emergent circumstances.  The application must be filed in the county where your brother, the alleged incapacitated person, resides.  The website listing the surrogate courts along with their addresses and phone numbers is: http://www.judiciary.state.nj.us/directory/surrogateroster.pdf If your emergent application for guardianship of your brother is successful, the judge would give you an order that allows you to make decisions on your brother's behalf on a temporary basis.  It is important to note that the order would require you to take additional steps including filing pleadings and affidavits of your brother's doctors.  The judge may also appoint an attorney for your brother.  You can expect a follow-up court appearance once the judge has reviewed the doctors' affidavits and the appointed attorney's report.... Read More

Medical records are protected and confidential. If your mother prepared a living will or gave your sisters a power of attorney, they can assume responsibility over the affairs for your mother. They can also instruct the hospital to deny you access to your mom's medical records unless she gave you some power of attorney or other form of legal authority. I believe you would have to go to court and perhaps seek a guardian or conservator over your mother's affairs if you mother is not capable of acting on her own behalf. I am sorry.... Read More

I have had cases like this. Although it is time consuming it can be completed. It is necessary to have a judge approve a notice of service of a complaint for change of birth certificate or name change by alternate service. If approved this allows the service by publication in a daily periodical that is accepted as a place for legal notices in the county of his last known address. But first you have to provide what is known as an affidavit of due diligence, usually provided through a private investigation service that checks for addresses throughout the US by social security number, date of birth, drivers license # and/or other identifiers. Once an affidavit is received that no address can be located and that he is likely not in the country, a court will usually permit alternate service. Another method I have used when the other parent knows of family members in the other country is to actually try and get information from them (if they are willing to share). Be advised though that service in a foreign country can be a tricky affair as some recognize the same forms of service we do (registered mail or personal service for instance) if they have signed the Hague Convention treaty on that, while others do not. Sometimes it is necessary to get an attorney involved in the other country. But the easier method is if you can get service by publication of legal notice here in N.J.... 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.     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.   If after that phone call you wish to schedule a meeting with me and my firm would consider accepting you as a client, we can arrange for what is called an “Assessment.”  At that Assessment, I will go over your situation in detail, answer your questions, and give you guidance as to what I believe to be the best course of action.   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

If you marry someone who owes child support these are arrears that accumulated prior to your marriage. Therefore, they should not be any connection to you for your spouse's obligations. However, it is possible that if there is any modification of child support going forward, your income may be part of the income that is looked at in computing future child support. But there is no connection to arrears that I can see.... Read More

While I am not completely clear on your answer, from what I understand children are placed by the Division of Child Protection and Permanency (formerly DYFS) when the parent or parents have acted in a manner that has been abusive or negligent of the children's needs. The Division will usually try to place the children with family members where possible, however, they will also need to do background checks against any family member that they may place the child with. This could include drug testing if there is any indication that the family member may have had a history or problem with drugs or even if there were any unsubstantiated reports. Prior arrests or involvement with DYFS can also be a reason to ask for drug tests.... Read More

You have left out certain important information, namely have you assumed your husband's name for other things like your driver's license, social security card, passport, credit card accounts, etc. This would show an intent to have your last name changed to that of your husband's. You may file a complaint with the court in the county where you live to seek court's permission to file a name change. The procedure is spelled out for those who want to do this on their own at the New Jersey's online court's website, which I included below:   http://www.judiciary.state.nj.us/prose/10551_namechg_adult.pdf It is also possible that you may be able to apply for a correction on your marriage certificate. You can try contacting the NJ Dept. of Health's Vital Records Office and see if there is a procedure to modify the marriage certificate based upon a mistake that was made on your initial certificate, although they may question why it took twenty years to catch it. The NJ Vital Statistics website does mention corrections on birth certificates but not for marriage certificates, however, you may want to give them a call or send them an email.  ... Read More

I am not sure whether you are asking about your great grandparents or grandparents. However, the quick answer is that a grandparent does not have any rights for visitation over the objection of a natural parent, especially when you state that the great grandparents were not involved in raising your son. The statute that states what a grandparents visitation rights might be is NJSA 9:2-7.1. What needs to be looked at is the relationship of the grandchild to the grandparent, the length of time that the child may have been lived with the grandparent the effect on the relationship that such visits would have with the child's parent or parents, any other evidence having to do with the child's best interests. Taking what you have written, it seems highly doubtful that the great grandparent would win.  The parent has a constitutional right to decide what is in the best interests of the child unless there are other factors involved. There must be a showing by the great grandparent or grandparent of a very strong relationship to the child if the parent objects.... Read More

The insurance money is not an estate asset - it passes directly to the named beneficiary and does not pass through the estate.  The house passes through the estate and would be subject to any estate expenses such as payment for the funeral expenses.  You don't probate the house, but instead probate(or register) the estate.  The process of probate gives a person legal authority to be the representative of the estate.  that is the way that a person would have the authority to sell the house, or any of the estate assets.  You can't just place a lien against the house.  They will have to get a judgment for the unpaid amount of the funeral and then file it as a lien.... Read More

It depends on who is the power of attorney.  If you suspect something is wrong, you may have to claim breach of fiduciary responsibility and file a complaint with the court demanding an accounting.  If you think your mother is being taken advantage of, you can always contact Adult Protective Services.  Also, if you believe your mother needs protection, or more care than is being provided to her, you can file a complaint asking to be appointed as her guardian, and take over form the pwerson who was the power of attorney and then demand the he/she provides you with an acocunting of what occurred previously.... Read More

If they are separating then she shoul dmove out, but there is nothing that says he gets the apartment or the child.  She can either move out, and immediately apply to the court for support from him for housing and for the child, or she can tell him to move out if she can afford to pay the rent. ... Read More

I'm pretty sure if you were running some kind of care facility there would be a regulation about what you could and could not have in the bath tub to use as a chair.  However, in your private home I  don't know why i t would be a health code violation or against the law in any way.  It might not be the safest thing to do, but its not a violation. ... Read More

Another qualified family member may be able to get the children, but that family member would have to agree to comply with the Court's order.  They would have to only let the parents see the children with supervision, agree to all drug testing, rehab, etc.  This will not happen over night.  The court will want to see a long period of drug free behavior.  If you are the relative that is willing to help, you should speak directly to DCP&P.  Good luck !  ... Read More

It is unlikely that a lawyer is going to take a family law case on a contingency basis.  You should try to file the motion yourself, perhaps speak to legal services and try to get as much information as you can before filing.  Make sure that you meet the criteria for reducing child support.  Has there been a change in circumstance?  are you disbaled and unable to work?  Do you have the child at your house for additional overnight visits?  Make sure that you have back up for each fact you allege in why you are entitled to reduce the amount of child support.... Read More

If your husband is acting strangley you can try to get a court order saying he is not able to deal with his own finances.  you would do this thorugh an emergency guardianship.  I think you can also contact the 401(k) company as the spouse and indicate that he should not be permitted to withdraw any fruther funds from the account. ... Read More

The release she is asking you ti sign is very common.  Ask for an accounting of the estate, what came in, what she spent, etc.  If she goes back to court, that is fine, just make sure you show up there and indicate that the reason you were not signing is becuase you don't know what was going on in the estate. ... Read More

I'm not certain that would meet the stautory requirements.   An annulment of Marriage in NJ may be granted if one of the spouses lies about being addicted to alcohol or drugs, so if you are claiming your wife is addicted to marijuana, it might be possible to get an annulment.  If you claim that she did not have capacity because of smoking, I think it would be harder to prove.... Read More