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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Custody

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A Tri-Parenting Conundrum and the Evolution of Custody and Parenting Time

Posted in Civil Unions and Domestic Partnerships, Custody, Paternity, Visitation/Parenting Time

In the recently published 67-page trial court decision of D.G. and S.H. v. K.S., the trial court dealt with the novel issue of custody and parenting time in a “tri-parenting” relationship. In that matter, D.G. and his husband, S.H., along with their friend K.S. embarked on a journey of conceiving and raising a child together.… Continue Reading

The Doctrine of Fugitive Disentitlement and Its Impact on Child Custody Matters

Posted in Custody, Palimony

The doctrine of fugitive disentitlement bars a fugitive from seeking relief in the judicial system whose authority he or she evades, i.e. one cannot flee the country and evade a court order and simultaneously seek the court’s protection. Justice Virginia Long (now retired from the Supreme Court and Counsel at this firm) set forth the standards… Continue Reading

APPELLATE DIVISION ANALYZES WHAT IT MEANS TO “ABANDON” A CHILD “BY WILLFULLY FORSAKING” HIM

Posted in Child Support, Custody, Estate and Trust Issues, Visitation/Parenting Time

Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand.  In the Matter of the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine. These are the facts that you… Continue Reading

“Conscious Uncoupling”: An Ode to a Mediated Divorce

Posted in Alimony, Child Support, Custody, Divorce, Equitable Distribution, Mediation/Arbitration, Practice Issues, Privacy and Confidentiality, Property Settlement Agreements

As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce.  Although the term had been originally… Continue Reading

THE NEW YORK TIMES PRESENTS A “PORTRAIT OF THE MODERN FAMILY”

Posted in Custody, Divorce

I was recently reading a New York Times article from early November entitled “Stressed, Tired, Rushed:  A Portrait of the Modern Family”, and couldn’t help but see the commonalities between today’s modern family and the ever-changing issues raised in divorce. The author, Claire Cain Miller, citing from a new Pew Research Center Study, conveyed to readers what… Continue Reading

AVAILABLE REMEDIES WHEN A PARENT VIOLATES A CUSTODY OR PARENTING TIME ORDER

Posted in Custody, Visitation/Parenting Time

Clients with children often ask what can a court do if the other parent violates an existing custody or parenting time order.  The level of emotion and concern raised by such violations can be overwhelming and, oftentimes, victimized parents do not know what to do or where to turn.  Just a few of the issues and questions may be:… Continue Reading

Difficult and sometimes perplexing International Custody issues in the news- Again!

Posted in Custody, Other

Actress Kelly Rutherford is back in the news as the more than six year international custody battle for her children continues its latest chapter.  The case is presently in Monaco where her children are currently residing with their father, German businessman, Daniel Giersch. From a family law perspective, this case addresses almost every issue which… Continue Reading

New York Focus – The Exclusive Use and Occupancy of the Marital Residence, Pendente Lite

Posted in Custody, Divorce, Domestic Violence, Equitable Distribution

While our blog has focused exclusively on New Jersey family law since its inception almost 8 years ago (yes, it has been that long), we also focus our practice on New York family law.  We do not (yet) have a Fox New York-specific family law blog, so this blog will serve as a testing ground and… Continue Reading

Supreme Court of New Jersey Creates Unified Mental Health Service Provider Privilege

Posted in Custody, Practice Issues, Visitation/Parenting Time

The question of a parent’s mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue and, if so, how does it impact upon the child’s best interests under New Jersey’s custody statute.  While the “fitness… Continue Reading

New Jersey Supreme Court Defines Family Part’s Role in Applications for “Special Immigrant Juvenile” Status

Posted in Custody, Other

In the consolidated appeals of H.S.P. v. MJ.K. and K.G. v. M.S. (Deceased) , the New Jersey Supreme Court  examined the role of the Family Part of our state court with regard to the factual findings necessary for a non-citizen child to apply to the federal government for “special immigrant juvenile” (SIJ) status. Process for… Continue Reading

CAN YOU TRAVEL INTERNATIONALLY WHEN CONSENT IS UNREASONABLY WITHHELD? NEW JERSEY COURT WEIGHS IN

Posted in Custody, Grandparent Visitation, Practice Issues, Visitation/Parenting Time

Too often, I see people trying to make their co-parent’s life difficult just for the sake of being difficult.  Want to take your child to the carnival?  No – it interferes with dad’s parenting time by 30 seconds.  Want to enroll your child in karate?  Sorry – mom has plans to watch paint dry with… Continue Reading

Co-Parenting Calendars – I’m Not Your Secretary – Or Am I?

Posted in Custody, Practice Issues, Visitation/Parenting Time

In the highly scheduled, some say overscheduled, world of suburban children, figuring out where they are supposed to be and when is a constant battle. It is hard enough to do in an intact family, much less in divorced families where the parties are tasked to co-parent.  I know this week, just the addition of end… Continue Reading

H is for HIPAA

Posted in Alimony, Child Support, Cohabitants' Rights, Custody, Divorce, Domestic Violence

Health care information (including mental health information) can be very  important in a family law case in many ways and for many different reasons. In custody matters, the fitness of each parent is front and center of the case.  Often times, a parent’s medical and mental health history will be relevant to the issues that… Continue Reading

CUSTODY WITH PSYCHOLOGICAL PARENT DEEMED IN CHILD’S BEST INTERESTS OVER FIT BIOLOGICAL PARENT

Posted in Custody, Grandparent Visitation

Custody disputes are often an emotionally trying process where litigants are advocating for what they deem to be in the best interests of the child caught in the middle.  Even with the opinion of a custodial expert and months, if not years of litigation, the decision is a difficult one for a trial judge to make. A… Continue Reading

THE PSYCHOLOGY OF MEDIATION

Posted in Custody, Divorce, Mediation/Arbitration

At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise.  This is what most litigants want, right?  Avoid the fighting, along with the associated time and expense – sounds great.  So what does psychology have to do with the mediation process?  Well, it can truly mean a… Continue Reading

Does Sole Custody Still Exist?

Posted in Custody

Sole custody is kind of like Big Foot or the Loch Ness Monster – everyone has heard of it but few have actually seen it.  Clients tell me all of the time that they want sole custody – either because that is what they believe they should have, or because they have justified it based… Continue Reading

YOUR CHILD THE “CLIENT”

Posted in Custody, Divorce

You know you are intrigued by the title of the blog, but what does it really mean?  I was in a recent mediation session in a divorce matter when the mediator referred to the child as his “client”.  What he meant was that the child’s interests and well-being were his primary concern above all else, but the… Continue Reading

Changing a Child’s Hair Color- Who Decides????

Posted in Custody, Divorce, Visitation/Parenting Time

  It was recently reported that movie star Hallie Berry has taken her daughter’s father to court over his actions of straightening and changing their daughter’s hair color, claiming that he exceeded the bounds rights as a joint legal custodian. Believe it or not, this is not an unusual issue come up when two parents of… Continue Reading

Parents Required To Pay $16,000 Toward Estranged Daughter’s College Education

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

“Caitlyn’s parents Maura and Michael were young loves. Their marriage only lasted two and a half years but the two say they amicably parented to give their daughter the best life they could.” ABC News Anchor, Wendy Saltzman, reported on last night’s news. Caitlyn’s parents became estranged from their daughter when “Instead of following our… Continue Reading