In Z.A. v. R.V., Jr., an unpublished Appellate Division case, meaning not precedential, the Appellate Division ruled that the best interests of the child governs a surname change. This rationale falls squarely with the court’s previous cases that a child’s name change must be evaluated under the best interest standard. Emma v. Evans,
A Reminder: No change of circumstances? No best interests of the child finding? No change of custody or parenting time..
Last summer, Eliana Baer and Eric Solotoff of our Family Law Department achieved an Appellate Division victory when a trial court’s decision to allow our client’s ex-husband to obtain a custody evaluation without the requisite finding that there had been a change of circumstances. In that case, the Appellate Division took issue with the trial
For Custody Jurisdiction, The Facts, Not Agreements, Matter More
In Orr v. Johnson, an unpublished decision (meaning not precedential), the Appellate Division reviewed a jurisdictional issue between two parents – one living in New Jersey and one living in Virginia – and whether the written agreement between them was conclusive of jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”). Because the
Alienating Your Kids from Their Other Parent May Cost Your Kids Big When it Comes to Child Support and College.
Here in New Jersey, divorced parents are generally obligated to contribute to the college education expenses for their un-emancipated children. In virtually every marital settlement agreement where there are un-emancipated children (the agreement the parties to a divorce enter into in resolution of all of their financial and/or parenting time issues), there is some sort
AAML & AFCC PROVIDE SEVEN GUIDELINES FOR PARENTS WHO ARE DIVORCED/SEPARATED AND SHARING CUSTODY OF CHILDREN DURING THE COVID-19 PANDEMIC
I received an email earlier this week containing guidelines for parents who are sharing custody and parenting time of their children during the Coronavirus Pandemic which was prepared by the American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC). It is reproduced, in full, below. Obviously, we are all
Solving The Puzzle Now Will Hopefully Make For A Less Litigious Future
One of the hardest lessons I learned in my early days of practicing family law is that a case is never really over when we think it’s over. I remember walking out of my first uncontested hearing so proud that I helped finalize a client’s divorce, emotional for their loss (yes, it happened to be
I’m Moving With the Kids To Burlington County – Not So Fast
For decades, when a custodial parent wanted to move out of state, it would not be unusual to hear that if the court or other party won’t let me leave New Jersey, she will just move to Cape May, or some other point far away from North or Central Jersey. When someone wanted to move
Appellate Division Rules: No Custody Evaluation Without Finding of Changed Circumstances
Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order permitting the Plaintiff father to obtain a custody evaluation without the requisite finding of changed circumstances.
By way of background, the parties were divorced in
Religion and Divorce: Raising Children of Interfaith Marriages Post-Divorce
Raising children born of interfaith marriages can have its challenges (and of course, its unique joys – Chrismukkah, anyone?), but at least parents in intact families navigate and mediate these challenges together. If and when parents of different religious faiths divorce, the questions of whether and how to raise the children in a particular religion
The Futility of Parent Coordination When a Parent Coordinator Won’t Be Decisive
I have written many times over the years regarding parent coordination, both during and after the end of the Supreme Court pilot program. A parent coordinator is a person, sometimes a mental health professional and sometimes a lawyer, that is appointed to assist parties in high conflict custody disputes. The description and function of