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Mark S Guralnick

Mark Guralnick’s Answers

404 total


  • The mother of my 3 children has primary residence but we have joint custody and live in same state. Can she move out of state?

    The mother of my 3 children currently has primary residence but we have joint custody and live in the same state about 10 minutes from each other. Can she move out of state w/ my children without my consent? Is there any stipulation as to how fa...

    Mark’s Answer

    The short answer is no. Under NJ statute 9:2-2, the mother will need your consent or a court order to be able to move out of state with the children. But beware, she can file a motion requesting permission to move with the kids...there are a number of steps she'll need to go through to get permission, and the judge may require a hearing to be held.

    There is no law that governs how far she can move within the same state. The statute doesn't cover in-state moves, only out-of-state moves. If she moves too far away, however, the Court may have to consider changing your joint custody and parenting time schedules.

    Call me in you wish to discuss. My office is right in Marlton.

    MARK S. GURALNICK, ESQ.
    (856) 983-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

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  • How do I get primary residence if I have joint custody with their mother

    My ex has primary residence so the children "stay" with her however I have them 3 nights a week and she has them for the remainder of the week. How can I get primary residence? What

    Mark’s Answer

    If your ex has the children for four nights, and she has them for three nights each week, you already almost have a 50-50 split. You would have "primary residence" if you had four nights. You could devise a creative time-sharing arrangement where you get three nights one week, then you get four nights the next week, and so on, ...so that you'd both end up with 7 night over every two week period....If she doesn't agree to modify your parenting time arrangement, and if you have good cause for doing so, then y ou'll need to file a motion in the family court.

    Feel free to call or stop in for a visit. Our office is in Marlton on Route 73.

    Mark S. Guralnick, Esq.
    (856) 983-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

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  • Evidence presented in the rebuttal phase of the trial must actually rebut evidence in what other portion of trial?

    Evidence presented in the rebuttal phase of the trial must actually rebut evidence in what other portion of trial?

    Mark’s Answer

    Usually, the Plaintiff presents his evidence. This is sometimes called the Plaintiff's case-in-chief.

    Then, the Defendant present his evidence (the Defendant's case-in-chief).

    Then, the Plaintiff can call "rebuttal witnesses" to rebut the testimony and evidence raised by the Defendant.

    Then -- if the judge permits it -- the Defendant can come back with a "surrebuttal" - meaning a rebuttal to the rebuttal.

    That's the general pattern.

    Good luck.

    Mark S. Guralnick

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  • Who is responsible now that I found out my well water was filled with hazerdous waste from a landfill down the road yrs ago?

    I moved to a house with my parents in 1989 at 2 yrs old, lived there for 6+ yrs. We had pets that had seizures then. I have had health problems all my life. I suffered throughout my schooling so much that I just happened to get tested for heavy ...

    Mark’s Answer

    This is a very interesting case involving what is sometimes referred to as "toxic torts" -- a branch of environmental law. I may be interested in assisting you with this case. If you can document your illnesses and setbacks, and if we can establish the proximity and migration pattern of the landfill, we may be able to present a claim for damages on your behalf. It could cost some money -- for experts in medicine, education, and landfill chemistry, etc...but it might be worth the effort. We have offices down in Oakland County and in Grand Rapids, but we cover the entire state. Please call me.

    Mark S. Guralnick, Esq.
    (866) 337-2900

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  • What could possible sentence be for Attempted burglary 2nd Degree, Unemployment and Social Services fraud ?

    If someone has an indictment pending for Attempted Burglary 2nd degree and then is also found to be committing Unemployment fraud and Social Serviced fraud, what would the possible sentence be for those crimes collectively ? This person also has 7...

    Mark’s Answer

    Burglary in the second degree is a Class C felony in New York. If you're a second-time felony offender, you could be looking at between 6 and 15 years of incarceration. If you get classified as a persistent violent felony offender, your max time can be as high as 25 years.

    You said that the indictment is for Attempted Burglary 2nd degree. If you were found guilty of attempted burglary 2nd degree (which is a Class C felony), then you would be prosecuted for a Class D felony. Basically, the attempted crime knocks it down from a Class C to a Class D. Under the Penal Law, Section 70, with a Class D, you're looking at 3 to 7 years.

    As for the unemployment and social services fraud, these financial crimes carry special penalties, and may be enhanced depending on specifically which offenses you're charged with. I would need to see more details.

    Considering all of the charges and arrests you're talking about, you should get armed with a good criminal defense lawyer. It looks like there's plenty of work up ahead, but if you start early and get on top of the case now, you may be able to put up a strong fight.

    If I can help you, please feel free to contact me. I'm an experienced criminal defense lawyer throughout New York State, and also a licensed private detective.

    MARK S. GURALNICK, ESQ.
    (866) 337-2900

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  • Is it possible, in the state of NJ for my fiance & I to get married without parental consent if we are 17 with a daughter?

    My fiance & I have a newborn daughter. We desperatly want to get married & all of our parents will give consent, minus my fiance's mother. We are both turning 18 in six months ( June of 2011 ) & would like to know if the court would make an exepti...

    Mark’s Answer

    Under New Jersey law, you need the consent of both sets of parents, unless you can prove that the one who refuses to consent (your fiance's mother) is not mentally sound. This appears in NJ statute 37:1-6.

    Here's my suggestion: Get married in Maryland. Under Maryland Family Code 2-301, 17-year-olds can get married one of two ways. First, if you each have one parent consent to the marriage, and the parents swear that you are each at least 16 years old. Or, if that doesn't work, you can still get married in Maryland at age 17 if one of you gives the court clerk a certificate from a doctor that states that you have a newborn daughter.

    If you're in a rush to get married, then plan a day trip to Maryland -- it's not that far -- and get it done. You should contact the proper court to make sure you know what forms need to be signed and by whom. If it seems too complicated, feel free to contact me, and I'll assist you.

    (On the other hand, if you're turning 18 in six months, and planning to be married for the next 70 or 80 years, then six months is not that long to wait).

    Good luck, and let me know if I can assist you.

    Mark S. Guralnick, Esq.
    (201) 804-9000
    (973) 682-9999

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  • I am a concerned father of two boys,a 7yr old and a 10yr old. Their mother married a Tier 2 registered sex offender,who she

    also has a child with. He served prison time for the crime he committed. He attended anger management classes per his parole. My kids do not feel safe,saying he has threatened to beat them if he needed to. As a father, I've reported all to DYFS, l...

    Mark’s Answer

    Are you interested in assuming primary residential custody of the boys? If so, you may want to think about working on a motion to modify custody. It won't be a slam-dunk, because even paroled sex offenders have legal rights, and your ex is justified in living with the guy if she has another child with him. If you're kids are unsafe, you should probably take action....but it will be a process. I'm happy to walk you through it, and assist you with it. Feel free to call me.

    Mark S. Guralnick, Esq.
    (856) 983-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

    See question 
  • How important is documentation

    from a doctor that an individual cannot work, due to a disability, when filing for an alimony modification? What can be done after the case is over if the lawyer failed to get documentation?

    Mark’s Answer

    It depends on the facts of your case and what other evidence you presented. Generally, documentation is very important if you intend to prove you are disabled and unable to work.I assume you filed a Lepis-type modification motion and were unsuccessful. If the lawyer failed to protect your rights, you could file a complaint against him or her, but it may be more beneficial to take another crack at lowering or suspending your alimony. You need to compile not only medical documentation, but also a financial breakdown of how your standard of living has been impaired, and how you can no longer afford the alimony. Call me, and let's discuss. You may have the right to take another bite out of the apple.

    Mark S.Guralnick, Esq.
    (201) 804-9000
    (973) 682-9999

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  • How do i find a really good attorney to help me in post decree divorce issues?

    my ex wife is mooching off me and gets 50% of my net pay for 15 years.. after a 13 year marriage... while i was out of work for 6 months killing myself, i paid child support, but could not afford the alimony.. I have been back to work for 1.5 year...

    Mark’s Answer

    I feel your pain. Sounds like you should have filed something to suspend your support obligation while you were unemployed. I would not agree to sign anything at this point. Depending on what her financial situation is, you may need to file a post-judgment motion to vacate the previous orders and adjust your alimony and child support obligation. I am a family lawyer, and I've written several books on child support and alimony. I'd be happy to help you. We have offices in Freehold and Red Bank.

    Mark S. Guralnick, Esq.
    (732) 342-9292

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  • Trying to divorce an illeagal immigrant... child involved

    I have been seperated from my husband since January 2010 after learning about his adultry and impregnanting another woman. He is an illegal immigrant here from mexico. He does not work, trys to run an ILLEGAL landscaping business that he does no...

    Mark’s Answer

    You don't need your husband to sign the divorce papers. You can get divorced without his consent. If he doesn't support your child and doesn't have primary custody, then he's not getting the tax deductions either. You need to finalize this divorce. Call me, and I'll help you finish it up.

    Mark S. Guralnick, Esq.
    www.statewidedivorce.com
    (856) 983-9900

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