Skip to main content
Bari Zell Weinberger
Avvo
Pro

Bari Weinberger’s Answers

2,511 total


  • Im an orphan but im adopted what are my rights?

    My current place now is usa but for a visit only, Im from Egypt and i live there but i don't want to go back to Egypt i want to live in the usa but i don't have green card and also my step parents won't allow me to leave them.

    Bari’s Answer

    This question may be better answered in the Immigration forum. Seek the advice of an immigration attorney.

    See question 
  • How do we get immediate custody on a child being abused but living in another state.

    My 8 yr old step daughter was taken from nj to az by her mother to live with her boyfriend. For almost 2 years. We received a text from the boyfriend last night telling us we need to go to court and get custody because my step daughter is being ab...

    Bari’s Answer

    You need to immediately contact the Arizona equivalent of NJDCPP (DYFS) so they can conduct an investigation in Arizona, especially if the children are in immediate danger, which it appears that they are.

    See question 
  • Where can you see what are the legal rights as a father who the NCP sharing legal custody over his children?

    Is there a document, a book, a court paper that is available to the public where it clearly highlights the basic LEGAL rights that a father who is the NCP and has joint custody over their children has?? "the best interest of the child" phrase is ...

    Bari’s Answer

    The best interests standard is probably a bit intentionally "vague" because all families are different and all custodial arrangements can be unique. There is no "cookie-cutter" family so there cannot be a black and white formula for custody. Also, please know that the best interest standard was formulated to avoid gender based decisions regarding custody and bias towards the mother. You should assert your rights to custody and parenting time regardless of your gender. If you would like to read the statute that talks about the best interests of the child, it is N.J.S.A. 9:2-4.

    See question 
  • Non-Custodial Parenting time- Leaving the child with someone else for the entire day.

    Hi: Is it ok for a non-custodial parent to leave a 11 yr old in the care of someone else, a relative or another child (14yr old) for the entire without having proper control on the child's day to day business. I live about 5mins away from my ex a...

    Bari’s Answer

    Courts are pretty clear about parenting time being spent doing just that: spending time with the child. You should visit a local family attorney to discuss asking the court to amend the parenting time plan to reflect your exes' schedule. Is he leaving the child while he goes to work? Perhaps the schedule needs to be changed to fit his work schedule. Also, you should be provided with the right of first refusal if he cannot make his parenting time.

    See question 
  • Can my ex move with my child?

    My ex and I have joint legal custody of my child. She just started dating someone who lives in another state. She has mentioned possibly moving. She does not work (never has), so this relocation would not be due to employment. If she does decide t...

    Bari’s Answer

    Your ex is not permitted to relocate from New Jersey with your child without either your permission or the permission of the court. Doing so could subject her to kidnapping charges. That being said, she is free to file with the court seeking permission to relocate out of the state. It is her burden to prove that the move is in the best interests of your child and that where she is going is at least as good as where the child currently resides. She also has to offer you a solid parenting plan. Seek advice from an experienced family law attorney for further guidance on your specific situation.

    See question 
  • What specific order is needed to actually get physical possession of your minor child who has been taking

    Since law enforcement doesn't view your child it as a missing person. But all law enforcement will have to enforce said order if a judge granted it.

    Bari’s Answer

    It is almost impossible to appropriately answer your question without more information, such as who currently has residential custody of the child, who currently has legal custody of the child, in what state does the child reside, in what state is the child currently, who has "taken" your child, etc. It is important for you to see an experienced family attorney so that you can give all details to that attorney in order to receive appropriate advice.

    See question 
  • Should I write a letter to the father of my children stating that he's gonna start giving me $80 dollars weekly for my children?

    The father of my children just got out of jail approximately 9 months ago and he just received a letter from court about child support. Now he's still on probation and he asked me to make a letter stating that he's going start paying me $80 dollar...

    Bari’s Answer

    It is very difficult to answer your question without more information from you. Child support in New Jersey is determined using the New Jersey Child Support Guidelines that take into account both parents' income and other credits and deductions such as overnight parenting time, out of pocket medical expenses and benefits. I suggest you speak with a family law attorney and bring with you all of your financial information, including your daughter's benefit statement, so that he or she can review the figures and give you some idea of what child support will be. You should not agree to any child support figure until you understand what you may be entitled to receive in support for the three children.

    See question 
  • Do I need a lawyer to gain guardianship of a 17 year old who wants to come with me?

    Mom lost custody. State of PA had full and legal custody of her and I would like to take her in. Do I really need a lawyer with her advanced age??? Is she old enough to just say where she wants to go?

    Bari’s Answer

    Regaining custody, especially from another state, can be quite complicated. I strongly suggest you seek the advice of a qualified family attorney. Her preference is just one consideration a family judge takes into account when making custody determinations. She is still a minor. You also may face jurisdictional issues. If Pennsylvania has jurisdiction, you will most like have to bring your issue to a court in Pennsylvania, not in New Jersey.

    See question 
  • "findings of fact and conclusions of law, placed upon the record". In a family part motion, what gets placed on the record?

    defending a motion to terminate child support in NJ. I have the paperwork that went in with the motion, but I don't know why the judge ruled the way he did. What is this 'record' and how do I get access to it? Is it more than just the recording of...

    Bari’s Answer

    If the judge did not put his or her reasons in writing in the order, then you have to get the CD recording to hear the reasoning behind the order. You can also order a written transcript but that is quite expensive.

    See question 
  • What happens if I am a day late with information that I must provide to Court in compliance with Court Order?

    I was asked for certain information to be provided within 20 days of Court Order. I am a day late, I sent it in today. I think it was due yesterday. Will I incur any penalties or can the judgement be reversed or can I be held in contempt of Court?...

    Bari’s Answer

    Make sure to follow your court orders! That being said, I wouldn't worry about being a day late in complying. The court will not, on its own, reverse a judgment and I doubt you would be held in contempt, especially if your adversary is also a bit late with providing the information to the court.

    See question