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

Category Archives: Visitation/Parenting Time

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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

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

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

STALKING THE SOUL: CO-PARENTING WITH AN ABUSIVE NARCISSIST (PART II)

Posted in Custody, Divorce, modification, Practice Issues, Visitation/Parenting Time

“Whereas victims rarely know how to use the law in their favor, the aggressor instinctively deploys the necessary maneuvers.  Abusive behavior can be used to find fault in a divorce action. But how can one keep track of guilt by innuendo?” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. You know… Continue Reading

Pre-School: Is it School, or is it Day Care? And which parent gets to decide?

Posted in Custody, Divorce, Interspousal Agreements, Visitation/Parenting Time

In the days of my childhood, formal education began in Kindergarten when, finally, I got to ride the bus with the big kids.  Not so much any more.  The vast majority of children now go to some type of pre-Kindergarten program during which they have the opportunity to learn the basics of the alphabet, numbers… Continue Reading

WEALTH IN DIVORCE AND ITS IMPACT ON CHILDREN

Posted in Custody, Divorce, Visitation/Parenting Time

An article today on Time’s website discussed the findings of a study comparing the behavioral trends of children of divorce from wealthy and lower income families.   The study, which was conducted by researchers at Georgetown University and the University of Chicago, divided a sample of approximately 4,000 children into three groups by income.  Interestingly,… Continue Reading

THE PRESUMPTION OF CUSTODY IN A DOMESTIC VIOLENCE CASE IS NOT DETERMINATIVE IN A CUSTODY CASE

Posted in Custody, Domestic Violence, Visitation/Parenting Time

In the domestic violence statute, there is a presumption that the abused should get custody.  In the custody statute, the prior history of domestic violence is simply one of the many factors that a court must consider.  There really has not been a reported case that addresses the confluence of these two statutes until July… Continue Reading

STALKING THE SOUL: CO-PARENTING WITH AN ABUSIVE NARCISSIST (PART I)

Posted in Custody, Practice Issues, Visitation/Parenting Time

“Physical violence can be testified to by outside evidence: eyewitnesses, police and medical reports.  With emotional abuse, there is no proof.  It’s clean violence.  Nobody sees anything.” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. (Amazon.com) Several months ago, after I published Seven Deadly Sins Of Divorce: Pride; The Narcissistic Divorce,… Continue Reading

The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in alimony, child support, Counsel Fee Awards, Divorce, equitable distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

LESSONS IN ADOLESCENT CUSTODY AND CO-PARENTING FROM THE TEENAGE BRAIN

Posted in Custody, Practice Issues, Visitation/Parenting Time

Moody; impulsive; reckless; brash; exasperating. No, I am not describing Charlie Sheen circa 2011.  I am talking about teenagers. Indeed, Aristotle described these elusive creatures as “heated by nature as drunken men by wine” – and that’s on a normal day.  But rest assured Mom and Dad – your teenager is not trying make your life miserable… Continue Reading

THE INAPPROPRIATENESS OF LINKING RESOLUTION OF CUSTODY TO RESOLUTION OF FINANCES

Posted in alimony, child support, Custody, Practice Issues, Visitation/Parenting Time

Judges want all issues resolved but especially custody and parenting issues.  No issues are more difficult and heart wrenching to decide – especially when facing a true, bona fide custody dispute (and I am not sure that there are really many of those – but occasionally they occur.) Phote courtesy of freedigitalphotos.net The New Jersey… Continue Reading

APPELLATE DIVISION FINDS THAT TRIAL COURT ERRED IN DIVESTING NEW JERSEY OF JURISDICTION OVER CUSTODY AND PARENTING TIME ISSUES

Posted in Custody, Interspousal Agreements, Visitation/Parenting Time

Decisions involving New Jersey’s Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) are often very complicated matters that require courts to undertake an extremely detailed, fact-specific analysis to ensure that the issue of jurisdiction – what state or country should hear the matter – is properly made.  As a result, before you review this blog post discussing S.B.… Continue Reading

IF HER BOYFRIEND CAN’T BE AROUND THE KIDS, NEITHER CAN YOUR GIRLFRIEND, “TO BE FAIR”!?!

Posted in Custody, Practice Issues, Visitation/Parenting Time

Is it a court’s job to be “fair” or to get it right?  If you file a clear enforcement motion, should a court grant part of the other side’s knee jerk, bogus cross motion, just to give everyone a little something?  When deciding a temporary support amount, should the number be the right number, as… Continue Reading

THE PARTY, NOT THEIR LAWYER, IS SUPPOSED TO CO-PARENT WITH THEIR SPOUSE OR FORMER SPOUSE

Posted in Custody, Practice Issues, Visitation/Parenting Time

As Supreme Court Justice Potter Stewart said when discussing his threshhold for determining obscenity/pornography, “I know it when I see it, ” that is how I feel about emails regarding routine or what should be routine parenting issues that have been drafted not by one party, but by their lawyer.  The pretextual  blathering or legalese that… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: PRIDE; THE NARCISSISTIC DIVORCE

Posted in Custody, Divorce, Visitation/Parenting Time

Sometimes I feel like a doctor.  A patient comes in, describes symptoms to me, and I prescribe a course of treatment. Some ailments are more complicated than others.  An amicable divorce, for example, could be analogized to a common cold.  A moderately contested divorce with relatively few issues to the flu, perhaps. But then there… Continue Reading

APPELLATE DIVISION SEEKS TO PROTECT THE PARENTAL BOND

Posted in Custody, Divorce, Domestic Violence, Visitation/Parenting Time

Highly acrimonious custody disputes abound for countless reasons, many of which are tied to the specific facts and circumstances of a given case.  A determination of the most appropriate custody arrangement (joint or shared legal and residential custody) and parenting time schedule can be a difficult process, especially when multiple custody evaluators are retained to… Continue Reading

Warning: You May Regret Agreeing to Pre-Determined Resolutions for Future Possible Support and Custody Issues

Posted in alimony, child support, College, modification, Property Settlement Agreements, Visitation/Parenting Time

I am an advocate of resolving divorce and custody disputes and helping my clients make reasonable attempts to avoid judicial intervention.  It is less costly, less lengthy and allows litigants to make their own decisions regarding their children, finances, assets and debts.  However, the motivation for entering into a settlement agreement should not be solely… Continue Reading