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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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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

Custody and Parenting Time: Celebrating the Holidays Twice

Posted in Custody, Visitation/Parenting Time

For many, the holiday season includes exercising traditional family celebrations.  For separated or divorced parents, the season brings about acrimony regarding which parent celebrates which holiday with the children because each parent wants to include the children in their respective family celebrations.  As one very respected and wise Judge noted “There is nothing wrong with… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

IF YOU THINK A PARENTING COORDINATOR SOUNDS LIKE JUST THE SOLUTION TO ASSIST PARENTS WHO HAVE A FINAL RESTRAINING ORDER – THINK AGAIN

Posted in Divorce, Domestic Violence, Interspousal Agreements, Practice Issues, Visitation/Parenting Time

In the unpublished (non-precedential) recent case of N.G. v. N.B.G., the Appellate Court declined to enforce a provision in the parties’ Marital Settlement Agreement that permitted the parties to retain a Parenting Coordinator to resolve co-parenting issues, due to the existence of a Final Restraining Order  (I note that the FRO was in existence at… Continue Reading

SPELL OUT YOUR INTENTIONS WHEN IT COMES TO YOUR DIVORCE AGREEMENT

Posted in Custody, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements, Visitation/Parenting Time

Although none of us can see the future (not yet anyway), when drafting a divorce agreement it is absolutely imperative to include as many potential future scenarios that you foresee to occur.  Equally, if not more important, is to actually spell out exactly what your intentions and expectations are and provide examples if necessary.  More often than… Continue Reading

What Every Divorced Parent Should Be Thankful For This (And Every) Thanksgiving – Each Other.

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

Just in case you find yourself rereading the title of this blog over and over thinking you missed something, I promise you read it correctly the first time. Every divorced/divorcing parent should be thankful for their ex (or soon to be ex) spouse. As a divorce attorney, I realize that such a lofty suggestion is… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

THE IMPROPER INTERTWINING OF CUSTODY AND FINANCES: A SETTLEMENT TABOO

Posted in Custody, Property Settlement Agreements, Visitation/Parenting Time

Oftentimes during a divorce proceeding, the issues of custody and parenting time are resolved early on in the case.  There is nothing stopping parties from drafting a final agreement detailing the legal and residential custody arrangement with a detailed parenting schedule, and having the court enter the agreement while financial issues such as alimony, child… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading