For many issues pertaining to child custody in New Jersey it is difficult to find straightforward answers to legal questions. When asking what are assumed to be easy questions, clients often hear from attorneys that “it depends on the circumstances of the case.” Attorneys give this answer not because the…
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New Jersey Divorce Lawyer Blog
DEALING WITH AN INTOXICATED PARENT ARRIVING FOR VISTATION
Parenting time, historically widely known as visitation, permits a noncustodial parent and a minor child the ability to maintain a meaningful relationship. When custody is established in a divorce or paternity case, a parenting time schedule usually is established for the noncustodial parent. Unfortunately, there are instances when an issue…
TEMPORARY CHILD CUSTODY
One of the first steps a court takes following the commencement of divorce proceedings is to issue what are known as temporary orders. Included in the temporary orders issued at the start of a divorce case is an order addressing the matter of child custody. A temporary child custody order…
CALLING STEP-PARENT “MOM” OR “DAD” IS OKAY ACCORDING TO A NEW JERSEY JUDGE
One New Jersey Superior Court judge has decided that a child may decide whether to call a step-parent “Mom” or “Dad” or any derivative thereof. In a very lengthy decision in B.S. v. T.S., Ocean County Judge Lawrence Jones held that the 8 year-old boy involved is mature enough to…
DOMESTIC VIOLENCE AND CUSTODY IN NEW JERSEY
A number of factors will affect the award of child custody in New Jersey case, including some obvious factors like the fitness of the parents, the needs of the child, and the relationship of the parents with the child. In addition, a less considered but no less important factor that…
CHILD CUSTODY: UNDERSTANDING THE BEST INTEREST STANDARD IN A NEW JERSEY CHILD CUSTODY CASE
Child custody laws are established on a state-by-state basis. With that noted, there is a tremendous amount of commonality in child custody statutes from one jurisdiction in the United States to another. One element common in child custody statutes is the standard to be applied by a court when making…
DIVORCE AND BIRD’S NEST CUSTODY
When the typical individual thinks of child custody, he or she oftentimes references custodial and noncustodial parent. In fact, there exist some other types of custodial arrangements that can be agreed to or ordered by the court in divorce proceedings. One alternate type of arrangement is a scheme that commonly…
PRENUPTIAL AGREEMENTS AREN’T JUST FOR THE WEALTHY
When Mel Gibson divorced in 2006, it reportedly cost him a walloping $425 million because he didn’t have a prenuptial agreement. You may know of someone who suffered a similar fate — although he or she may have parted with a lot less money – but maybe that person had…
THE AWARD OF LEGAL FEES IN A NEW JERSEY DIVORCE
A question divorce attorneys are often asked is whether their former spouse will have to pay for their legal fees. The reasons why a client may ask this range from the client being of a lower income level than the former spouse and simply needing assistance paying their legal fees,…
FAQs WHAT TO DO POST DIVORCE
My Divorce Was Just Finalized, What Is The Most Important Thing I Do Next? One of the best things you can do after your divorce is finalized is to read through your divorce judgment and property settlement. You want to make sure that you understand what these documents say,…