Patricia Dulinski’s Answers
18 total
I'm moving to my dads this weekend and my boyfriend that is the father of my unborn child doesn't work or drive at all.
Patricia’s Answer
As the baby has not yet been born, your boyfriend cannot prevent you from moving. I would recommend that you consider filing for child support immediately upon the birth of your child. While your boyfriend may not be currently employed, unless there is a physical or mental impairment that would prevent him from holding down a full-time job, he will be imputed with income and will be responsible for paying child support. If you believe that he will want to be a part of the baby's life after he or she is born, you should try to maintain as healthy of a relationship as possible because you will have to co-parent with him in the long term. Always make any decisions based upon what is in the best interest of your child. Good luck!
See questionCan I help my child in anyway?
Patricia’s Answer
Find a very good therapist for your son and get consent from his father to begin treatment. If the father refuses to consent, file a motion with a certification explaining your concerns and the impact that this negative and harmful treatment is having on your already fragile son and that it has gotten to a point that you believe he may be a risk to himself. That is incredibly serious. I would also ask for the judge to order family therapy because dad is either unable or unwilling to appreciate the harm he is causing to the child and Order that dad pay for that, as well. The health, safety and welfare of your son should be of paramount concern to the court and if you believe he may be suicidal, you have to take every step necessary to protect him and get him the help that he needs.
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I definitely recommend that you retain a family law attorney asap to represent your interests in this matter.What what exactly does it mean when you get court order papers in the mail that your ex child support order is to be amend?
Patricia’s Answer
It is difficult to answer your question because you have not given the specific reason why your support is to be amended. For example, it could be a simple cost of living increase. On a more serious note, it could be as a result of the age of the child. Child support may terminate automatically when the child turns 19 but a custodial parent may request that support continue if they can prove that the child is still in high school, enrolled full-time in post-secondary education or physically or mentally disabled. In any event, I recommend that you speak with a family law attorney asap to understand your rights and responsibilities. I wish you the best of luck!
See questionWhat to do if ex spouse filed a motion but neglected to send me entire copy, notice to litigant or even hearing date?
Patricia’s Answer
Frankly, the easiest thing for you to do would be to retain an experienced family law attorney now who can help you sort everything out. But if for whatever reason you choose to do this on your own, then I'd say you should contact the family division in the county where the motion was filed and inform them that you received incomplete papers. Ask for a copy of his entire motion with all attachments and let them know that you will be filing a response, so the date he has made the motion returnable will presumably need to be changed so you will have enough time to do so. At the very least, you should schedule a consult with a family law attorney asap who can review his motion, weigh in on how to respond to it and maybe even more importantly, give you advice on any reliefs you should seek on a cross-motion. I wish you the best of luck!
See questionCan you file breech of contract against your soon to be ex husband for not complying w/ mediation agreements ?
Patricia’s Answer
If there is a signed settlement agreement, my question is why is this case going to trial? It sounds like your friend may need a motion to enforce the agreement but I would need to know more about the case to say anything further. With the assets at stake and a trial pending, I strongly recommend that she retain new counsel immediately.
See questionCan reasons or grounds for divorce details be listed on any legal checks or disclosure?
Patricia’s Answer
Tell him not to worry. It will not show up. You should consult with a family law attorney especially if you have children, assets or debts to be divided.
See questionHow do I apply for custody of my daughter when custody was awarded to my mother and dyfs closed the case?
Patricia’s Answer
First of all, congratulations on turning your life around and taking the next step to reunify with your daughter. Based on what you have said, you should file a motion for a change of custody with notice to DCPP and the other biological parent. When you file your motion, you will have a chance to tell your story in your certification to convince the judge that you are indeed ready to resume custody. Include any proof you may have to support your application. I definitely recommend that you speak with an attorney so that you will have the best chance of prevailing.
See questionChild doesn’t have appropriate sleeping accommodations. What are my options?
Patricia’s Answer
Many judges would find a female child sleeping in the same bed with her father to be inappropriate--add in the girlfriend sleeping in the same bed with them and that kicks it up to being wildly inappropriate and it is clearly not in this child's best interests. If that is really going on, it needs to stop. Since the father is claiming that the child has her own bedroom and bed, ask him to send you photos of her room by a date certain. It sounds like he has already testified on the record that she does. If he sends them, then he is covered. If he does not, I'd recommend threatening a motion to suspend parenting time until he can demonstrate proof that she has the bedroom and, as one of the reliefs, I'd recommend you request the court to order probation to do a home inspection.
See questionWWe need lawyer to help fight Dyfs they took my son's Son without finding any findings of neglect or abuse?
Patricia’s Answer
Hello Carmen. My name is Trish Dulinski, Esq. and I am a partner at the Williams Law Group. LLC located in Essex County. Our firm focuses on DCPP matters and we are well-known for representing parents zealously. There are many reasons why DCPP (formerly known as DYFS) will effectuate the removal of a child or children. I highly recommend that your son speak with an attorney immediately. If he would like to speak with one of our attorneys, he can reach us at 908-810-1083.
See questionCohabitation and new alimony statue
Patricia’s Answer
Given your facts, you have sufficient grounds to seek modification/termination of alimony. You should consult with an experienced family attorney.
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