I have an order that states my ex's girlfriend is not to be present during my exs parenting time. He is now engaged to her and it was brought to my attention that she was around during his parenting time even though she was not in the residence. S...
The full answer to your question is complex. However, I can tell you that termination of parental rights is an extreme remedy. Most judges want extreme circumstances to have occurred before they issue and order with such extreme consequences. While complete information is not in the question, I do not get the sense that the child has been harmed in any way. You should know that you can't just go to court to have Dad's parental rights removed. He would be entitled to a hearing. You would have to prove your case.
In addition, you should know that when parents live separate and apart, the court usually allows them to live their lives and still love and bond with their children. This means that at some point, if Dad continues in a relationship with this woman, it could become a more serious relationship ending in marriage. Barring extreme circumstances that you would be required to prove, the court is not likely to conclude that Dad can no longer see his child.
Lastly, the reason that NJ courts favor joint legal custody is the very strong public policy that each parent is entitled to love and bond with his/her children without interference from the other party. You should consider carefully your conduct less he accuses you of trying to alienate him from the child.See question
I've been married for 7 months and my husband has proven himself to be mentally unstable. I have been out of the house living back with my mother for 1 month now. I'm concerned about custody and protecting myself and my child. My husband owns a ...
To file for a divorce in NJ, you must have been a resident of the state for one year. If the irreconcilable differences you have experienced have lasted for at least 6 months before you file, you can establish the requirements under NJ law. 7 months is a very short marriage. Whether you are entitled to alimony, or some equitable share of the house can only be established with more facts that you have shared although I have never heard of an alimony award for a 7 month marriage. You will undoubtedly be entitled to child support which will be calculated pursuant to the NJ Child Support Guidelines.See question
So my son's father and I both agreed that I would have custody of our son. We came to that conclusion to try and be amicable. In the notarized letter it states that I am the custodial parent of our son. It does not have anything about his visitati...
The question is will the letter hold up in court to continue sole custody with Mom. The answer is that when it comes to children, very little is set in stone. The court will always entertain issues pertaining to children to make sure that the current set of facts and circumstances still operate to foster the best interest of the child. Public policy in New Jersey favors Joint Legal Custody meaning that the parties will need to consult on the big things that affect the child's life: education, religion, healthcare, etc. Dad can always come to the court, should he choose to do so to request parenting time. Whether the court would change residential custody depends on a number of factors . . . what has changed, for example?See question
I got into a argument with my childrens grandmother. Now since then my ex husband has cut off all ties. Ive had no contact with my children.
You make a statement and you didn't ask a question, but I think your concern is what do you need to do to see your children. If that is the question, the answer is simple. File a motion with the court requesting parenting time. Bring a schedule that you would like the court to order with you. Share the proposed schedule with your spouse. Be prepared for any objections that your spouse might have about you seeing your children.See question
i want to get divorce .. i live in New Jersey for 8 months and my husband lives for about 3 yrs in new york. can I get divorce in new Jersey? if he never has lived in NJ and i only have 8 months in nj?
In order for a New Jersey judge to grant a divorce, the judge must have jurisdiction. Jurisdiction comes when at least one of the parties has lived in NJ for at least 1 year. You can not meet the jurisdiction requirement yet. You will have to wait the four months.See question
I met my now husband 8 years,ago and I had support him financially over a period of 5 years we got married 3 years ago and he had had 2 affairs at work on me with co workers right now we split everything in half but when he leave it would be in fi...
You need an attorney. Your fact pattern is complicated. I should tell you that the fact that you allege adultery may be of little consequence. NJ is a no-fault state. This is a short term marriage so the likelihood for alimony is slim. Once you divorce, you will have to maintain insurance coverage for yourself. See what Obamacare has to offer. Contact the Lupus Foundation, they often are able to assist sufferers with ways to obtain medical advised. But, at the end of the day, you need to consult with an attorney to assist you in weighing all of the facts.See question
Cash assets might be in excess of 100k USD.
Most people who have sizeable assets that they want to preserve in the event of a divorce, get the other person to sign a prenuptial agreement. This way, the person with the assets has access to his/her assets during the course of the marriage and can retain them afterwards. Moreover, the relationship is open and honest from the start.See question
I am a married women to a wonderful husband. He has taken care of my 2 oldest boys now for the past 8 years without hesitation. we are considering moving to a different state this summer. I have two different fathers for my two oldest boys. The on...
In New Jersey, one parent can not remove a child from the state without the express permission of the other parent or a court order. Generally speaking, the courts allow parents to relocate so long as the reason for relocating is not to cause the other parent grief and the move represents something good for the child. The only caveat is that you must have a parenting plan so that the remaining parent keeps his bond with the child. A parenting plan can include skype/facetime visits as well as summer/holiday visits. You have the permission of one Dad. Could the other Dad protest? The short answer is yes, but the more practical issue is, "why would he?" If he is not even on the birth certificate, he would first need to prove that he is the son. Then, we get into why is he coming to the court house now--at least 6 years after the last involvement with the child. What would be the basis of his refusal . . . clearly not an interruption to his parenting time. You have time, why not get the court order and have nothing to worry about once you move?See question
My son's primary care physician was originally by me. His father was originally from this area as well, but just moved 2 hours away. He has primary custody. He just suddenly changed our son's pediatrician that he has been going to since he was bor...
You indicate that Dad has primary residential custody, and that he lives 2 hours from the old address. It seems likely that a court would approve a change in pediatricians to one closer to where the child lives. It is not really practical for Dad to drive two hours with a child to see a doctor for routine medical care. That having been said, you probably have joint legal custody which means that you have to be consulted or at very least advised of important matters in your child's life. When you go to court, you may want to get the judge to Order a plan for communicating these issues: phone, text message, e-mail, a third party . . .whatever works for the two of you.See question
Can a Maid, or school teacher be used for supervised visitation even though in the court order it states professional monitor?
The court order is the court order. If you do not understand the order, you can always ask the court to clarify the order. However, I suspect that a teacher is a "professional" in the context you describe. A maid, not so much.See question