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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 the Parent-Child Bond be Restored After Alienation?

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

It’s a tale as old as time. Divorced parents bash each other in hopes of garnering favor with their child during a divorce or custody dispute. At some point the child, becomes so exposed to the bashing, blame and ill-will from one parent toward another that the child becomes disenchanted with the other parent; the… Continue Reading

APPELLATE DIVISION ADDRESSES NON-RELOCATION AGREEMENT IN NEW PUBLISHED DECISION

Posted in Custody, Modification, Visitation/Parenting Time

In many custody disputes, a primary area of concern is one parent’s ability to relocate with the children after the divorce is over.  Relocation requests have been characterized as often resulting in “heart-wrenching” decisions.  As we have previously discussed on this blog, the legal standard to be applied to a parent’s interstate removal application differs if… Continue Reading

Another Reminder that Parent Coordinators Are Not Replacements for Judges

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

Whether it is because of busy dockets or the fact that the issues could be hard to decide, especially without a plenary hearing, the use of parent coordinators (PC) began becoming more frequent about 10 years ago.  Sometimes it was by consent but other times, it was foisted upon warring parties whether they wanted it or… Continue Reading

Custody and Parenting Time Issues of the “Interstate Child”

Posted in Custody, Modification, Visitation/Parenting Time

In today’s ever-increasing mobile society, divorced or separate families find themselves relocating for a variety of reasons, including employment opportunities, new relationships, financial incentives and to be closer to family. But what happens after families relocate out-of-state and child custody issues arise? Which state has jurisdiction to hear the matter? Background In 1968, the Uniform… Continue Reading

A Tri-Parenting Conundrum and the Evolution of Custody and Parenting Time

Posted in Civil Unions and Domestic Partnerships, Custody, Paternity, Visitation/Parenting Time

In the recently published 67-page trial court decision of D.G. and S.H. v. K.S., the trial court dealt with the novel issue of custody and parenting time in a “tri-parenting” relationship. In that matter, D.G. and his husband, S.H., along with their friend K.S. embarked on a journey of conceiving and raising a child together.… Continue Reading

Grandparent Visitation Just Got Easier – Well, Not Really, But At Least There Will Now Be A Uniform Procedure

Posted in Grandparent Visitation

After the US Supreme Court decided Troxel v. Granville in 2000, invalidating Washington’s “breathtakingly broad” grandparent and third party visitation statute, there was an onslaught of litigation, nationwide, seeking to invalidate grandparent visitation statutes in each state.  Ultimately, in 2003 in the case of Moriarty v. Bradt (a case I was involved with), the New Jersey Supreme Court addressed… Continue Reading

APPELLATE DIVISION ANALYZES WHAT IT MEANS TO "ABANDON" A CHILD "BY WILLFULLY FORSAKING" HIM

Posted in Child Support, Custody, Estate and Trust Issues, Visitation/Parenting Time

Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand.  In the Matter of the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine. These are the facts that you… Continue Reading

TURKEYS, AND CHRISTMAS TREES, AND MENORAHS…OY VEY

Posted in Divorce, Practice Issues, Visitation/Parenting Time

Ah, Thanksgiving, Christmas and Hanukkah.  What many people generally consider to be the most important holidays of the year are upon us.  The time of year for being thankful, enjoying good food, football on Thanksgiving or basketball on Christmas, and celebrating with family another year gone by.  After almost eight years, this blog contains so many… Continue Reading

AVAILABLE REMEDIES WHEN A PARENT VIOLATES A CUSTODY OR PARENTING TIME ORDER

Posted in Custody, Visitation/Parenting Time

Clients with children often ask what can a court do if the other parent violates an existing custody or parenting time order.  The level of emotion and concern raised by such violations can be overwhelming and, oftentimes, victimized parents do not know what to do or where to turn.  Just a few of the issues and questions may be:… Continue Reading

New York Focus – Paternal Grandmother Unable to Seek Visitation Due to Lack of Standing

Posted in Grandparent Visitation

In the Matter of MJM v. MM, an interesting new decision released earlier last week from the New York Supreme Court in Suffolk County, the trial judge held that a paternal grandmother petitioning for visitation with her grandchildren lacked standing to seek such relief.  The situation involved severe allegations of violence by the children’s father against the mother, as… Continue Reading

Supreme Court of New Jersey Creates Unified Mental Health Service Provider Privilege

Posted in Custody, Practice Issues, Visitation/Parenting Time

The question of a parent’s mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue and, if so, how does it impact upon the child’s best interests under New Jersey’s custody statute.  While the “fitness… Continue Reading

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

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

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