In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In
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Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?
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 may or may not be what is called “domestic contretemps” come down to credibility determinations.
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No, 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
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Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
a 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
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I 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.
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A Court Actually Found Alienation and Did Something About It – How Novel
Alienation leads to sole legal and residential custody
Continue Reading A Court Actually Found Alienation and Did Something About It – How Novel
Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining
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Do Parents have to Consent to Relatives Becoming Psychological Parents?
It is not uncommon for grandparents or other family members to get custody of other family members when the children’s parents have issues preventing them from caring for their children
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Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
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