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Category Archive
Custody
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A Legal presumption of exactly equal shared physical custody; even when the parties disagree?

Society has advanced tremendously so that both mothers and fathers can be caretakers and financially contributing to the children. Courts in New Jersey also really do consider both mothers and fathers equally capable and entitled to have physical custody of children. Legal custody, i.e. decisions regarding health, education, and welfare of the children, is almost Read More

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Consequences for Violating Court Orders

What happens if a party fails to follow provisions of a court order or Judgement of Divorce? An order, be it a consent order, a Judgment of Divorce incorporating a Property Settlement Agreement, or any order issued by a judge are all enforceable by law. Violation of an order can result in serious penalties. A Read More

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The Law Concerning Fathers Rights When the Child is Not Yet Born

A FATHERS INFLUENCE HAS LIFELONG EFFECTS ON HIS CHILDREN. FATHERS ARE CONCERNED CAPABLE PARENTS AND MUST HAVE ADEQUATE CUSTODY AND PARENTING TIME. It is the father’s right to enjoy his children and it is his responsibility to provide guidance and attention to them. Child support is more than money payments, which alone do not meet Read More

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Mediating the Divorce

The New Jersey Court Rules require that parties to a divorce be advised of the option to use mediation to resolve their divorce. Mediation can be done with both parties acting pro se or being unrepresented by counsel with the mediator assisting the participants to discuss their concerns and arrive at an agreement. Divorcing couples Read More

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Special Immigrant Juvenile

A third-party may be granted custody of a foreign juvenile illegally living in the United States if the juvenile has “special immigrant” status under the Immigration and Nationality Act (INA). Essentially, the statute formalizes a legal status for the juvenile and ensures a level of protection from deportation. The INA provides various circumstances under which Read More

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Working to Resolve Custody

Many divorce cases involve minor children with parents who struggle to get along. The tension between parents may leave them unable to make joint decisions for the best interests of the children. Throughout the divorce process, parents have the opportunity to achieve child custody, child visitation, and parenting plans that are workable for them and Read More

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Children are Not Safe Left Alone in Locked Cars

Recently, there have been news reports of incidents in which children have been left alone in their car seats with the car locked while the parent goes shopping or leaves. Even if it is for a few minutes and the parent may not want to wake a sleeping child, it is child endangerment. This is Read More

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Moving Out of State with a Minor Child After Divorce

Many divorced spouses who have a minor child remain in close proximity to one another post-divorce to ensure continuing access and support for that child. However, circumstances may change, necessitating the need for a parent to relocate out of state or country. If both parties consent to the relocation then there is no need for Read More

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Child Support for College Kids in New Jersey – Avelino-Catabran v. Catabran

When a couple with kids decides to divorce, they often consider how they might pay for their children’s potential college costs down the road. In New Jersey, a parent’s responsibility to pay child support and college expenses past the child’s 18th birthday is standard. However, As New Jersey’s Superior Court recently explained, the law requires Read More

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