I am giving up parental rights up to my daughters mother.she has pushing me out of my kids life since day one and its been getting worse now.
You cannot voluntarily give up parental rights in New Jersey, unless there is another person who is willing to step into your shoes and adopt your child. In New Jersey both parents are responsible for the financial care and support of their child and child support is your child's right. Unless there is another individual who is ready, willing and able to adopt your child and assume all responsibility for raising him or her, the court will not permit you to terminate your parental rights.See question
My son's father is not involved in my son's life. When he is supposed to take him he always has a reason why he can not. He is sometimes very disrespectful towards me. He does not give me any finacial support atball. I would like to fill for full ...
Sorry this is such a frustrating situation for you. The law as it is here in New Jersey can be complex and with not a lot of information, it's tough to give you a really complete answer, but I can give you some basics. New Jersey courts strongly favor a lot of strong involvement in a child's life by both parents and are very careful about limiting custody. They base their decisions on what is in the child's best interests, and they start with the basic idea that having two parents involved is in the child's best interests. That being said, if your child's father's behavior is harmful or detrimental to him, then you may have a case for full custody. As you can tell, these cases are really fact specific. But, you would definitely need to show that having sole legal and physical custody is in your son's best interests. With regard to financial support, the courts do not consider that when determining custody or parenting time. The truth is that your son's father may never pay you any support, but that does not mean he would not be awarded some type of custody or parenting time.
It's unclear if you already have a court order in existence, but that's also important to know. Do you already share joint legal custody? Does he have set parenting time? Of course, do not give too much detail in this public forum, but know these are some of the questions a family law attorney would ask.
I agree that you should consider at least a consultation with a family law attorney to discuss the law as it applies to your family. Many offer free consultations.See question
Lawyer stated had to file garnishment to guarantee support payments at high cost to file
A little bit more information would be needed in order to answer you appropriately, but first, it is important that you know there is really no such thing as a legal separation here in New Jersey. I suspect that what you are asking about is pendente lite spousal support, which is a fancy term for support that is paid to a spouse while the divorce is ongoing. Has a divorce been filed in your case? Have you asked the judge for this type of "in the meantime" support? Of course, do not give too much information here in this open forum, but these are the types of questions a family law attorney would need you to answer in order to give you a really informed and specific answer.
With regards to the garnishment you mentioned, it is always easiest to collect support payments (spousal or child support) by having a spouse's paycheck automatically garnished weekly or bi-weekly or even monthly, depending on you circumstances. This way, neither of you has to really think about sending or receiving the payments; it is automatically deducted and sent to you through the probation department. I'm really uncertain why asking for a wage garnishment would increase your cost to file for the support.
I suggest you talk with a good family law attorney in your area that has experience with spousal support. Many attorneys offer free consultations.See question
I wrote up all of the paperwork for my previous divorce. My ex husband signed and had notarized papers saying I have sole custody of my children. They were signed and approved by a judge in 2012. My new husband (as of 2013 and we have a child t...
Yes, you need your ex-husband's consent for the adoption. In order for your child to be adopted, your ex-husband's parental rights must be terminated, first. This is beyond your having sole custody.See question
I currently have Full Custody with a court order for my 3 yr old child. My ex husband and I have had a rocky road for the past three years in regards to his instability and struggles with addiction. Upon completion of rehab recently ( he seemed to...
Unless and until it is signed, dated, notarized and formally filed with the court, it is not a binding court order. You are not under any obligation to do anything beyond the current court order that is in place. In the future, I strongly suggest you go through the court system given your child's father's history. See an attorney in your area at least for a consultation. Many offer free consults.See question
My ex-husband and I have two children. They are eight and 11. We are currently in court fighting over school districts. After our custody neutral assessment and our last shot at Mediation, the judge ordered us to have factual submission done in ...
If you are merely stating facts related to your case, you put those into a Certification. If you are quoting case law or statute to further your argument, those citations go into a Memorandum of Law.See question
I just had a proceeding. The judged ruled in favor of the father having joint residential custody. (50/50 residential custody) My son is 14 months. The father has never been in my son's life up until 7 months. The judge said he based his decision ...
There is certainly no "automatic" when it comes to New Jersey law as it governs custody, parenting time or any other matter relating to children. The court looks at what is in the best interests of the child in any particular situation. That being said, the courts strongly favor the continued and frequent contact of both parents in their child's life and they will begin any analysis with the premise that both parents should be involved as much as possible regardless of gender. Consider a consultation with an attorney, if you need further guidance. Many offer free consults.See question
My soon to be ex husband and I(mother) reside together, we have two children together (1.5 and 3.5 y o). He filed for divorce in November 2016. He is constantly harassing me, brain washing our kids (your mommy is a bad person, she is a sex worker,...
I strongly encourage you to have, at the very least, a consultation with an experienced family law attorney in your area. Many offer free consultations. If you spouse is seeking full custody and is as manipulative and controlling as you indicate, you are most likely facing a court hearing. Of course, mediation and negotiation is favored by the courts, but if you have a party who is unwilling to work out their own issues, then court intervention is necessary. You also have what appear to be numerous issues, including custody, child support and parenting time issues. In order to get a full and complete picture of your case and roadmap for what is in your children's best interests, see an attorney.See question
I've seen it a few times; a nonprofit in one state, sharing a name with a nonprofit in another state. I'm just not sure if it's legal (meaning, another organization can't sue me at a later date).
This is not a marriage or prenup question. You may want to repost in another forum.See question