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 Parent of Alternate Residence (PAR) were effectively born. At the time, the PAR only existed if their was some time…
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…
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…
Continue Reading No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross ExaminationSubscribe to NJ Family Law Blog
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Parties 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 CircumstancesProving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help
Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v.
Continue Reading Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does HelpOrder Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division
Parties can waive discovery and settle their cases. Courts cannot dismiss voluntary agreements due to lack of formal discovery.
Continue Reading Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate DivisionOne of the universal themes in divorce matters is that the court is supposed to try to maintain the status quo while the case is pending. In many cases where…
Continue Reading Apples to Oranges – Pendente Lite Support vs. Support After TrialAlienation leads to sole legal and residential custody
Continue Reading A Court Actually Found Alienation and Did Something About It – How NovelIf No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support
Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard…
Continue Reading If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child SupportAbout this Blog
Family law issues frequently involve a complex mixture of emotion, history, assets and goals. Fox Rothschild’s experienced family law attorneys provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.