My sister died, leaving behind her 8 yr. old daughter. After going to court I was awarded shared legal custody of my niece along with her father. I have physical custody of her. In the court papers it states that he has to pay child support. If I ...
First, please accept my sympathies for your loss. The answer to your question is that yes, it is possible that physical custody of your 8-year-old niece could shift back to her father. A biological parent may be given a preference by a judge unless there are significant reasons why it would serve the child's best interest to remain with you (or why the father is not fit to care for the child). There are a number of factors the court will consider when making a permanent child custody decision. You are well advised to consult with an attorney and to have one with you if you return to court. -- Mark S. Guralnick firstname.lastname@example.orgSee question
Minor child injured after falling while in the care of public school after school program. I was not called. Never received an accident report. Secondary insurance firm and exam slip has incorrect information. I was told fabrications by the staff....
Yes, you have a right, on behalf of your son, to file a lawsuit against the Jersey City Board of Education. There are several steps that must be taken first. Initially, you must give the school "Notice of Tort Claim" which you must do within a specific deadline. Then you must give them an opportunity to respond. After that, you may file a lawsuit within the statute of limitations. If your son's memory is not clear about how it happened, you may want to have him discuss the situation with somebody else -- perhaps a counselor -- in order to get the "real story" out of him. If he suffered multiple fractures during an after-school program, either because of the school's negligence or because they weren't supervising both of your son's (again, their negligence), then you should pursue this case. Feel free to contact me or any attorney who handles these kinds of matters.See question
My ex has demanded that I pay $100 a week to not call the police on me. I have been in trouble before so this is a worry and when the call gets made they automatically put out a warrant on me. I can't afford that. It is never said or written...
What do you have to fear other than the issuance of a warrant? Even if police came and picked your up, are you guilty of something? If your ex is making false police reports, you should request that the police charge her with making a false charge. If they won't do so, you should do so, by filing a private criminal complaint for filing a false police report. And, if that doesn't work, you should file a civil action against your ex for malicious prosecution and/or abuse of process (whichever may apply). You may also have remedies in the family court, depending on the circumstances. The fact that she is trying to "extort" $100 a week out of you, through your parents puts your parents in the middle of a possible legal mess---and I would advise them to instruct her to cease communicating such wishes through them, for it could make them conspirators or accessories to a possible extortion charge if, indeed, an extortion action were ever to be established.See question
Can a non-custodial parent seek visitation rights after the child turns 18?
Technically no, since the child is no longer technically a child once the "child" turns 18.
Of course, you could simply make visitation arrangements directly with the 18-year-old. If he or she wants to be visited, then he or she should be able to make arrangements with you directly.
If there are peculiar circumstances in your case, it may be possible to petition the court for visitation rights of a child over the age of 18, but this would involve an examination of the circumstances.
Mark S. GuralnickSee question
I'm 20 years old and I gave my mother custody of my son when I was 18. I had my son as the result of a rape and I was alone scared and unprepared. I felt that my mom would do a better job raising him than me but I've matured a lot and I've also be...
As the natural, biological mother of the child, you certainly would have legal standing to seek full custody of your son. It sounds like you have many favorable things to offer your son, and that you genuinely seem dedicated to the job of being a good mother. How easy you can take back custody, after turning over custody to you mother, depends on many factors: For example, how did your mother get custody? Was it through a general custody order? Kinship legal guardianship? Adoption? Depending on how she has custody right now, you may have an easier or more difficult road ahead of you.
If you are on talking terms with your mother, you should open up a dialogue about how both of you can remain active in the child's life. The Court will always want to know what is in "the best interest of the child" -- these are the magic words. What will be in your son's best health interest, best educational interest, best safety interest, best social and cultural interest, best religious and spiritual interest-- all of these factors may play a role. An attorney can help you gather the evidence, cultivate the arguments and present your legal papers to the court.
You may also wish to consult with a mediator. The Court will inevitably encourage you, if not order you, to submit to mediation in an effort to work things out between yourselves. Perhaps you will decide to move nearby your mother's place so that your son can enjoy the best of both worlds (It's great to have a grandmother as a babysitter living just around the corner).
I am a child custody lawyer with offices in Mercer County. I'd be happy to help you. Feel free to call at any time.
MARK S. GURALNICK
he spent 10 grand on his lawyer to make me look like a bad mother and take the kids from me back to the marital home (I left the marital home). Suddenly, he's given up parenting time. He dropped his lawyer too. We have mediation at court next week...
Your husband seems to be engaged in a contest with you for the single purpose of "winning" against you .... without paying attention to the real needs and best interests of the children. Focus first on the kids: If they need some counseling, set it up. If they need to talk it out, then engage them. If they need to be isolated from the situation (and to go on with their own lives), then take the necessary steps.
His erratic behavior surely suggests that he is reacting to the drugs, and you are correct in being suspicious about what might happen at mediation. You did not indicate if you are represented by counsel (and you should be!) Mediation is a good thing: It may give you an opportunity to to obtain a written custody agreement from him. You may be able to impose conditions on his parenting time (such as, drop the drugs and get treatment, or no visits without a third party being present).
Be sure to continue following all court orders in the meantime. Do not prevent him from seeing the children, unless you fear for their safety (in which case, talk to an attorney about filing an Order to Show Cause to suspend his rights pending a drug evaluation.
You did not mention if there are pending divorce or child support motions in this case. If so, there are many things you can do to improve the final outcome for yourself. Feel free to contact me if you need help. We have offices in Woodbury and throughout the area.
MARK S. GURALNICK, Esq.
Certified Matrimonial Law Attorney
if we both agree on the divorce can we fill out the application for divorce together in order to speed up the process or does one of us have to wait to be served? we live in new jersey
IN NEW JERSEY, you cannot apply for the divorce together. But, if you're in agreement with each other, you don't have to be formally served with papers. Even if you're in agreement, the process will still take a few months to go through the courts. You should have an attorney prepare the papers for you -- don't rely on forms that you can buy on line or at "divorce centers" and office supply stores. Call me, and I'll help you.
Mark S. Guralnick, Esq.
the fork lift was left in the isle,she was so embarrased we left the store without reporting it to the manager. what are my options at this time
You should report it to the manager right away. Go back and make the report, so that you can preserve your rights down the road. If your wife was injured, of course, you should go to a hospital emergency room and/or see a doctor right away.
It sounds like Home Depot may have negligently parked the fork lift in the path of travel for customers walking down the aisle. You may have a case against Home Depot for the injuries suffered by your wife. Please call us if you'd like to discuss. There is no charge for a call, and no charge if we represent you unless you collect money first. Our office is in Atlantic City.
Mark S. Guralnick
what options are open in regard to getting expert reports and other discovery (that first lawyer should have got)? Second lawyer took on case weeks before trial was to begin after original lawyers were allowed to leave case (case had gone on for ...
It's hard to give you a specific answer. It depends on many factors. Are you in the Chester County Courts or the Montgomery County Courts? Who is the Judge?
In a post-judgment family law case, your right to conduct discovery could be limited. Generally, you would want to retain experts, take depositions, and obtain all of the necessary discovery on a pre-trial basis -- before you get a judgment.
If the nature of the dispute permitted you -- or required you -- to have experts on a post-judgment proceeding, then your lawyers should have postponed the trial, by written motion, in order to obtain the necessary expert reports, etc. (If your lawyers failed to do so, and if their failure to do so caused a negative result, and if there's a significant amount of money to fight over, then you might consider taking legal action against the negligent lawyers).
Good luck. Call if I can help.
Mark S. Guralnick
please answer quick
Every person charged with a crime in the United States of America is entitled to a lawyer. The Sixth Amendment to the United States Constitution provides this right. However, you may not have a right to a free lawyer. You may have to hire your own lawyer. Your right to a free lawyer depends on your own income level and whether you qualify under the applicable laws for a public defender.
If you are being charged with a criminal offense, and you are looking for a lawyer, please feel free to contact me.
MARK S. GURALNICK, Esq.
Licensed Private Detective