The New Jersey courts use different standards to determine initial custody awards versus requests for changes to an established custody order. Initial Custody Awards When two parents have not been to court previously to decide who is the parent of primary residence (PPR) and who is the parent of alternate…
The answer to this question is “NO” if the custodial parent shares joint legal custody with the non-custodial parent. The case that deals with what the custodial parent has to show the court to be able to move from New Jersey with the children is Baures v. Lewis, 167 N.J.…
The question above was answered “YES” in the case of Schulze v. Morris, 361 N.J. Super 419 (2003). Relevant Case Facts The Schulze case involved a dispute between divorced New Jersey parents as to where their child would reside post-divorce. The parties resided in Middlesex County during their marriage, and…
When a parent consistently violates an established parenting time order there are numerous remedies that a New Jersey court can order to sanction the violator. New Jersey Court Rule 5:3-7(a) Additional Remedies on Violation of Orders Relating To Parenting Time, Alimony, Support or Domestic Violence Restraining Orders Rule 5:3-7(a) lists…
Custodial parent’s in New Jersey are often surprised to find out that even if they are deemed the custodial parent by a family court they are not automatically entitled to claim their children as tax exemptions each year. The New Jersey courts treat the issue of custody and who can…
New Jersey Statutes (NJS) 2A: 12-7 States: Legislative Findings and Declarations a. In the area of child visitation a court often orders supervised visitation where there has been a history of child abuse, medical disabilities, psychiatric problems or other situations where the safety and welfare of…
Locations Every custody and parenting time (visitation) agreement should address the issue of pick up and drop off of the children. In the low or no-conflict situation the parties can agree to pick up and drop off at the other person’s residence or any mutually convenient location. However, in a…
In New Jersey the word “custody” has two meanings: The first meaning has to do with “legal custody”, the second meaning has to do with “residential custody”. Legal custody can be either “sole legal custody” or “joint legal custody”. Sole Legal Custody vs. Joint Legal Custody Legal custody refers to…