Adoption is an intensive, document-heavy process, as the courts need to know whether you are right for the child on several different levels. This blog dissects the process, lists the types of adoption and provides potential strategies for improving your chances at success.
Read MoreWhen spouses with children divorce, they have to work out a child custody agreement. However, in the months or years following the divorce, one spouse very often has a significant change of circumstances, requiring a move. If you are a custodial parent and have to relocate outside of New Jersey, there is a lot you […]
Read MoreIf you are a father and are getting divorced, you are most likely worried about what will happen with your children. Will they continue to live with you? How often will you see them? This is why it is so important you know your rights. To learn more about what you can do, read on […]
Read MoreIf you and your spouse are ready to get a divorce, you probably realize that grounds for divorce are not always agreed upon. Fortunately, since New Jersey is a “no-fault” divorce state, you may cite irreconcilable differences as an appropriate grounds for divorce. Unfortunately, several issues prevent a divorce from being uncontested. Contested divorces usually […]
Read MoreAt the end of your divorce proceeding, the judge will draft an order detailing the terms of your divorce, as well as the potential consequences for violating those terms in any way. However, if circumstances have changed in either your life or your previous spouse’s life, you may request a modification from the court. If […]
Read MoreCouples often intertwine their lives in several different ways over the length of their marriage. This may be through finances or their children. It is because of this that divorces are a difficult process. This requires the spouses to separate their lives after combining them. In many situations, one spouse may be required by the […]
Read MoreWhen parents in New Jersey get divorced, one of the spouses often gets a bit more parenting time than the other simply because of how the custody arrangement worked out. The parent that spends more time with the child is referred to as the custodial parent. Of course, both parents are legally obligated to abide […]
Read MoreOne of the biggest concerns that divorcing parents have in New Jersey is in relation to determining child support. This is often a contested matter, especially if one of the parents has not always been involved in the child’s life. There are a number of different factors that New Jersey will consider when it comes […]
Read MoreWhen parents in New Jersey share custody of a child, one of the issues that is likely to arise is what happens if the custodial parent wishes to move out of the state with the child. Relocation cases are often very emotional for parents and the child, typically because the noncustodial parent fears that their […]
Read MoreIn many divorces, the most difficult issue to face is in regards to custody. When a parent is used to seeing their child every day, the idea that they will no longer be able to do so can be devastating. Even worse, there are certain situations where a parent may lose custody of their child […]
Read MoreThe purpose of the Division of Youth and Family Services (also referred to as DYFS or DCP&P), is to protect children who have been put in dangerous situations. DYFS aims to take children out of bad situations in their own homes but this frequently results in the children entering the foster care system. Sometimes, a […]
Read MoreWhen families want to expand in a non-traditional manner, they may consider doing so by adopting a child. Adoption is a wonderful tool that connects a child with his or her new family. It is important that anyone who is considering adopting a child understands all of their options for doing so. There are many […]
Read MoreOften, families that are going through a divorce have a lot of questions, especially regarding matters of custody. A divorce can be a very emotional and confusing time for many families. One of the biggest concerns that come up is in regards to custody. Custody matters are often very emotional, as it means that one […]
Read MoreA common misconception is that a parent who stays at home with the children will automatically win residential custody in a divorce. This is simply not the case. Previously, there was a presumption that the children should stay with the mother in a divorce but the reality is that each parent has equal rights to […]
Read MoreThis week, New Jersey’s Supreme Court has officially changed their stance on how decisions will be made regarding custodial parent relocation with a child. This is the result of the case of Bisbing v. Bisbing. For the last 16 years, the court generally ruled that custodial parents could relocate out of New Jersey with the child as […]
Read MoreWhen a couple makes the decision to get divorced, they know that they will have to divide up all of their assets through the equitable distribution process. Naturally, each side is going to try to get everything they want in the divorce because no one wants to part with any of their belongings, their money, […]
Read MoreDivorces are never easy and they only become further complicated when the divorcing couple has children together. If the couple has children, they will have to come up with a parenting plan and determine factors such as custody, a visitation schedule, and child support payments. In New Jersey, the non-custodial parent, or the parent who […]
Read MoreWhen a person wants to have legal documentation that someone is the father of their child, or if that person wants to prove that they are the father, they will have to establish paternity. There are many situations where there is no father listed on the child’s birth certificate because the parents were not married at […]
Read MoreWhen two people have a child together but are no longer in a relationship, or never were in a relationship, there may be a time in which a parenting plan will have to be decided upon. This usually includes creating a custody agreement, visitation schedule, and determining child support obligations. When there is not a […]
Read MoreOn February 1, 2017, New Jersey’s newest child support law will go into effect. Governor Chris Christie signed the Termination of Child Support law in January 2016 that will provide the early termination of some child support agreements. The changes will allow for a parent to provide their child with continuous monetary and medical support […]
Read MoreAffected even more than the people who are actually getting divorced are the children of the divorcing couple. One of the biggest reasons that children feel the harshest impacts of their parents’ divorce is because their life is changing dramatically and they don’t have any control over the situation. No matter the age of the […]
Read MoreThe Department of Child and Family Services in New Jersey serves to make sure that all children within the state are being properly cared for in safe environments. In the event that someone tips off the DCF that a household is neglectful towards the children that live there, they will pay a visit to the […]
Read MoreMaking the decision to adopt a child is a simultaneously exciting and confusing process. There are so many different types of adoption and ways to go about the various processes. Some of the options that you have when considering adoption are private adoptions, international adoptions, single parent adoptions, open adoptions, and domestic adoptions. Some people […]
Read MoreSometimes in a divorce, one parent will have less contact with the child than the other parent. As unfortunate as it may be, parental alienation is quite common and the relationship between the parent and child becomes tarnished. The custodial parent may use the child to manipulate the other parent in an attempt to destroy […]
Read MoreNew Jersey takes cases child abuse and neglect very seriously. They have an agency known as The Division of Child Protection and Permanency or the DCPP to ensure that every child within the state is living in a safe environment and in suitable conditions. DCPP is a state agency in New Jersey charged with investigating […]
Read MoreClients often contact me regarding service of papers to appear in court for a DCPP matter. There are two ways parents can be notified of DCPP court proceedings. One way is called a Dodd removal, which is an emergency removal without a court order. The division staff can actually take children out of a home […]
Read MorePeople often ask what happens with their children when they’re going through the divorce process. If custody is an issue between you and your spouse, meaning you do not have an agreement on custody, part of the process will often involve your children being interviewed either by a custody expert who is usually a child […]
Read MoreA very common question that I’ve experienced over the course of my career is “I’m a stay-at-home mother, and does that mean I would get primary custody of my children?” Unfortunately, it doesn’t mean that. Certainly, it means that you would have at least an equal role in your children’s lives, but it would not […]
Read MoreOver the years, there have been computer programs that have been created in order to calculate child support. Child support has a formula to it. People ask this question a lot and they should. Child support is a product of income and predominantly the number of overnights you have with your children. Our law states […]
Read MoreChild support is always modifiable upon a showing of a change in circumstances. If a person has a change in income, you can file what is called a motion. A motion is a request for the court to review your circumstances and make a new order based on that change in circumstances.
Read MoreMoms and dads are playing equal roles in their children’s lives The courts are looking for who is the person who’s involved in the grooming of the child, who is the parent who’s involved in cooking for the child, doing the laundry for the children or child, all those kinds of issues, mundane or otherwise, […]
Read MoreWe start off with the premise that both parents are entitled to equal time with their children. We now see instances where parents have shared custody on a greater frequency. Children need stability. Jumping from one house to another everyday isn’t always in your child’s best interests. There are some schedules that have been developed […]
Read MorePeople often times wonder how they decide custody? Custody certainly is guided by a whole series of statutory factors and a substantial amount of case law. The facts surrounding your life are critically important to this process. There’s one case in particular that I pay a great attention to and that is about who is […]
Read MoreRelocation is a very difficult issue. It’s difficult because of the impact that it has on the parent that is left behind. Really, there’s no other way to describe it. Our law right now, in some respects, liberally allows the relocation if it’s made in good faith. This means that a person isn’t trying to […]
Read MoreParenting time is the nuts and bolts of the divorce. It’s the issue where people have the most difficulties in coming to an agreement. You could make the argument, and some judges take this position, that we start off with the premise that both parents are entitled to equal time with their children. This is […]
Read MoreA component of the child support issues that get raised is, “will I have to pay my spouse child support if we split custody or if we get equal time with our children?” The answer is it depends. It depends on your incomes in large measure. If you are the person who doesn’t earn as […]
Read MoreOne of the questions my clients most commonly ask is whether or not they have to cooperate with DCPP during the course of an investigation. There’s no clear cut answer that applies to every single case. One of the things to factor in is where in the investigatory process the case lies. If, for example, […]
Read MoreOne of the most common things that we attorneys see, following a divorce, is a request for a modification of child support. Oftentimes, after divorce, factors change in circumstances. Perhaps their income has changed; perhaps they’ve had another child. Child support is always modifiable upon a showing of a change in circumstances. If a person […]
Read MoreI get asked a question quite often and that is, “Can my spouse be required to pay my attorney’s fees?” The law provides for that. The law contemplates that, in certain circumstances, your spouse can be required to pay or contribute to your attorney’s fees. I have not seen that happen enough. I think this […]
Read MoreWhen we talk about custody in New Jersey, we really discuss two different types of custody; legal custody and residential custody. Legal custody is the term that we use for important decisions you make for your children, including anything related to their health, education, and welfare. The presumption in New Jersey is that parents are […]
Read MoreOver the years, there have been computer programs that have been created in order to calculate child support. Child support is a product of income and predominantly the number of overnights you have with your children. If you are a parent that has 104 overnights or more, we use a shared parenting worksheet. In a […]
Read MoreLegal custody is the term that we use for important decisions you make for your children, such as anything related to their health, education, and welfare. Parents usually share joint legal custody, meaning that they are going to jointly make these decisions for their children. Sole legal custody can be requested when a court deems […]
Read MoreIt depends on your incomes. The difference in income will determine whether you pay child support, typically. When you receive alimony, that’s income to you, and if you pay alimony, it’s deduction against your income. It really is a product of your incomes after alimony is paid, if there’s any alimony at all.
Read MoreOur law right now, in some respects, liberally allows the relocation if it’s made in good faith They must be moving for good reasons. All NJ courts will address if the move in the child’s best interests. In NJ, moving away from one parent is usually not consider automatically contrary to the child’s best interest […]
Read MoreUnfortunately, it doesn’t mean that. It means that you would have at least an equal role in your children’s lives, but it would not necessarily equate with you getting full-time custody of the children.
Read MoreIf custody is an issue between you and your spouse, part of the process will often involve your children being interviewed either by a custody expert who is usually a child forensic psychologist or by the judge. Interviews with children in their teen years are often required by the court. Children who are younger are […]
Read MoreWhen the division did confirm that there was an act or omission that constituted child abuse or neglect they decide if it is substantiated or established. There are two non-child abuse findings which are not established and unfounded. These findings have been changed in recent years and they remain largely unlitigated by the courts. A […]
Read MoreA motion is an application to the court where you’re requesting that the court either take some sort of action or grant you some sort of relief. Any party to a matter can file a motion. The adversary has a chance to either respond to that motion, oppose that motion, or request their own relief. […]
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