Philip Smith Burnham II’s Answers

Philip Smith Burnham II

Marlton Divorce / Separation Lawyer.

Contributor Level 12
  1. Can I move to NYC if I live in NJ with my children if I haven't yet gone through custody battle

    Answered about 1 year ago.

    1. Philip Smith Burnham II
    2. Thomas S. Durst
    3. Anthony J Van Zwaren
    4. David Raymond Mahood
    5. Brad Michael Micklin
    6. ···
    6 lawyer answers

    New Jersey has a statute which prohibits you from leaving without the written consent of the other parent or a court order. Specifically, N.J.S.A. 9:2-2 provides: “When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated, or living separate, and such children are natives of this State, or have resided 5 years within its limits, they shall not be removed out of its jurisdiction without their own consent, if of suitable age...

    8 lawyers agreed with this answer

  2. My husband is planning to divorce me. Will court direct the divorce even if I didn't sign the divorce papers ?

    Answered 8 months ago.

    1. Philip Smith Burnham II
    2. Andrew A Bestafka
    3. Jason David Roth
    4. Thomas S. Durst
    4 lawyer answers

    Yes, it can if you were served with the divorce complaint. You have 35 days from the date you were served to file a response with the Court. If you do not respond in the 35 days, your husband can request the court to enter default. You have to take action to protect your rights. So, once you have been properly served with a divorce complaint, the time begins to run. You only have 35 days from the date of service to respond to that complaint, and if you fail to do so, the Court can...

    7 lawyers agreed with this answer

  3. What do I do, if your spouse has your back against the wall and is intentionally trying to hurt you and the children?

    Answered 9 months ago.

    1. Philip Smith Burnham II
    2. Curtis James Romanowski
    3. Benjamin G Kelsen
    4. David Alexander Browde
    5. Andrew A Bestafka
    6. ···
    7 lawyer answers

    These are all serious allegations, which if true, means that he has committed numerous crimes. If he is harassing you and/or threatening you, you need to immediately apply for a temporary restraining order. A restraining order is a civil order issued by a judge that provides protection for you and your family from harm by a spouse or former spouse, a present or former household member, a person you have a child in common with or expect to have a child in common with (if you are currently...

    7 lawyers agreed with this answer

  4. Can I subpoena a police officer to testify at a FRO hearing? Is there a subpoena form to be used?

    Answered almost 2 years ago.

    1. Philip Smith Burnham II
    2. Mark M Cheser
    3. Brian McFadden-Di Nicola
    4. Bari Zell Weinberger
    4 lawyer answers

    Yes, you can subpoena the police officer to come and testify at the hearing. Here is the form from the New Jersey Courts website, http://www.judiciary.state.nj.us/civil/forms/11008_subpoena_ad_testificandum_cp.pdf, however, I would recommend going to the Court and asking the Court to issue the subpoena for you. If you need the officer, you should really try to have an attorney assist you.

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  5. Divorce Settlement

    Answered 9 months ago.

    1. Philip Smith Burnham II
    2. Amy B. Hansel
    3. Lawrence Charles Kroll
    4. David F Salvaggio
    5. Robert Joseph Jeney II
    6. ···
    8 lawyer answers

    These are all excellent questions that an experienced attorney would guide you though. However, if you enter into a written settlement agreement, the Judge will not read the settlement agreement. The Judge will not provide anything in writing regarding the agreement. However, you will have to appear before the Judge because she/he will have to determine: 1) the parties voluntarily entered into the agreement; 2) each entered into that agreement freely and voluntarily without duress or coercion;...

    6 lawyers agreed with this answer

  6. My kids mother and I share joint and physical custody, but she isn't providing a stable living environment, when my kids are

    Answered over 1 year ago.

    1. Philip Smith Burnham II
    2. Yolanda Navarrete
    3. Edgar J. Reynoso
    3 lawyer answers

    You will need to file an application with the Court to modify or change the physical custody, or to ask the court to let you become the parent of primary residence. A court will do what is the child's best interest. It will be important to show the court the history of what has occurred. To determine whether to change physical custody, you need to show the court that there has been a substantial change since the prior order was entered. In making an award of custody, the court has to...

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  7. Is a letter from a doctor/licensed therapist about what he witnessed admissible in a domestic violence hearing.

    Answered 7 months ago.

    1. Philip Smith Burnham II
    2. Ivan Raevski
    3. David Perry Davis
    4. Mark M Cheser
    4 lawyer answers

    This is a complicated area of the law. First, a letter is generally not admissible at a trial, you would need to subpoena the doctor/therapist to appear at your hearing. However, this is just the first step. All fifty states and the District of Columbia has enacted into law some form of psychotherapy privilege. States have enacted the privilege in three general forms. First, there is a general physician-patient privilege, which may include psychological and psychiatric treatment and...

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  8. My x has filed to relocate. we are in the midst of a trial to expand my parenting time.

    Answered over 1 year ago.

    1. Philip Smith Burnham II
    2. Kenneth A White
    3. Geraldene Sherr Duswalt
    3 lawyer answers

    First, I recommend that you do not agree to allow him to relocate to another state. New Jersey has a statute which prohibits him from leaving without your written consent or a court order. Specifically, N.J.S.A. 9:2-2 provides: “When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated, or living separate, and such children are natives of this State, or have resided 5 years within its limits, they shall not be removed out...

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  9. Can I legally revisit my divorce terms that was settled in 2004.

    Answered 8 months ago.

    1. David Perry Davis
    2. Bari Zell Weinberger
    3. Philip Smith Burnham II
    4. Thomas S. Durst
    5. Andrew A Bestafka
    5 lawyer answers

    Short of fraud or material misrepresentations by your ex, it is going to be difficult to reopen a Judgment from 2004. It must be emphasized that it is very difficult to prevail in any motion to reopen a divorce case. A person cannot simply claim a mistake or allege that the divorce agreement was unfair. There must be hard proof that the divorce agreement was based on fraud, deceit or a major mistake." However, the strongest ground that a party can allege to set aside a divorce judgment...

    5 lawyers agreed with this answer

  10. Family Law forms

    Answered 12 months ago.

    1. Philip Smith Burnham II
    2. Leonard Roy Boyer
    3. Rajeh A Saadeh
    4. David Alexander Browde
    5. Edward Brandon Beckham
    5 lawyer answers

    This is not a discovery form, and I am not sure your question makes any sense. The family part rules are contained in Part V. You should seek the help of an attorney, and many attorneys will take a payment plan. Good luck!

    5 lawyers agreed with this answer

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