Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 (which we previously blogged on), relocation got more difficult because it became largely a best interest analysis.
Most of the time, these cases are started with one parent asking for…
Continue Reading What To Do/What Not to Do When the Other Parent Removes Children to Another StateOnce Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”
As I have blogged here before, despite it not being the law and not really…
Continue Reading Once Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that…
Continue Reading Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on CredibilitySubscribe to NJ Family Law Blog
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Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders…
Continue Reading Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify CustodyWhen Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)
In the late 1990s when the Child Support Guidelines were drastically changed to account for overnight parenting as well as shared parenting, the terms Parent of Primary Residence (PPR) and…
Continue Reading When Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing
contested custody and parenting matters require discovery and a plenary hearing
Continue Reading Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary HearingWhen you sleep on your rights, you may not get all that you were entitled to.
Continue Reading Don’t Be Surprised if There is Rough Justice When You Sleep on Your RightsNo, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
Court’s cannot adopt an court appointed expert’s report without affording the parties discovery and the ability to cross examine the expert
Continue Reading No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross ExaminationParties can waive the change of circumstances requirement for custody and parenting time modification
Continue Reading Yes, Parties Can Agree to Waive the Change of Circumstances Standarda trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant’s decision to invoke his Fifth Amendment right to not testify
Continue Reading Yes, The Fifth Amendment Does Apply to Domestic Violence ProceedingsA trial is not the only way to settle your divorce
Continue Reading A Trial Is Not The Only Way To Settle Your DivorceI Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
Continue Reading I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of CircumstancesAbout this Blog
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