Contact the Division of Child Protection and Permanency (DCPP) immediately to report the suspected abuse. If your child is in danger, you need to get him or her out of that household immediately. Any time you involve law enforcement or DCPP in your custody case, notify your attorney. If do not accuse your former partner of domestic violence until you have sufficient evidence to do so and have discussed this evidence with your attorney. A false allegation of domestic violence can reflect poorly on you in future interactions with the court. Violating Your Custody Arrangement To Protect Your Child The suspicion of domestic violence is the only reason you can legally violate certain restrictions of your child custody agreement. For example, your custody agreement might state that you are only to spend time with your child every other weekend and…Read More
It absolutely can. How much your criminal record can affect your child custody arrangement depends on a few factors. These factors are as follows: The type of offense The number of offenses The victim of your offense The age of the offense The purpose of a child custody arrangement after a divorce is to promote a consistent, safe relationship between the child and both of his or her parents. The choices and restrictions the court makes for a family’s custody arrangement are made with the child’s best interest in mind. The most important concern when a parent has a criminal record is how this criminal history can affect his or her child. Recent offenses, violent offenses, and offenses that involve the child or another child can have a much more significant impact on an individual’s custody arrangement than older and…Read More
There are a lot of ways to end your marriage. One way is through the traditional divorce litigation. Another is through mediation, which takes the couple out of the courtroom and allows them to work with a neutral third party to develop a satisfying divorce settlement. A third option is collaborative divorce. This option, like mediation, takes place outside the courtroom. Unlike mediation, the process of determining the terms of the couple’s divorce does not involve a third party. With collaborative divorce, the couple works together to determine their divorce settlement, then files the settlement with the court. Collaborative divorce can be an attractive option for couples who had fairly amicable relationships. Indeed, it can be. But there are also cases where collaborative divorce is not the best option. Before you decide to divorce through collaborative law, discuss your options…Read More
Possibly. It depends on your child’s age and maturity level. If your child expresses a desire to live with one parent or the other after your divorce, the main question the court will ask is “why?” If the court determines that your child has the capacity to make an informed, rational decision about where he or she should live after your divorce, it may allow your child’s preference to play a role in determining his or her custody arrangement. Usually, the court considers opinions of adolescents. But even adolescents sometimes have poor reasons for wanting to live with one parent or the other, such as one parent having more relaxed household rules. Another issue that the courts consider is that one parent might be heavily encouraging the child to express a preference for living with him or her. This is…Read More
When you are working through the process of determining child custody with the court, keep in mind that not all custody arrangements give both parents custody of the child. In many cases, one parent is named the custodial parent and the other is given parenting time with the child. Parenting time is a regularly-scheduled time for the parent and the child to spend together. Except for in cases where there is a significant threat to the child’s wellbeing, it is important for a child to maintain a relationship with each of his or her parents as he or she grows up. If the court feels that there is an element present in the noncustodial parent’s household or lifestyle that puts the child in danger, it could require that the parent’s visits with the child be restricted in some way. This…Read More
Drug addiction hits families hard. As anybody with a family member who is battling addiction knows, there is no way to help an addict unless he or she wants to be helped. When a loved one does get help for his or her disease, whether that help is completely voluntary or following a conviction, he or she faces years of difficulty getting and staying clean. Overcoming a drug addiction is physically and emotionally exhausting and can involve years of therapy, lifestyle changes and sometimes, relapses. Although you want to help your loved one overcome his or her struggles, you might not know how. The following tips can help you to help your family member reach his or her recovery goals. Encourage Him Or Her To Participate In Support Groups Various groups, such as Alcoholics Anonymous (AA) and Narcotics Anonymous (NA)…Read More
In most of the United States, minor criminal acts are called misdemeanors and major criminal acts are called felonies. This is not the case in New Jersey. In New Jersey, minor offenses are categorized as “disorderly persons offenses” and major offenses are known as “crimes” or “indictable offenses.” Although disorderly persons offenses are a lower level offenses than indictable offenses, they can carry serious penalties for those convicted. Penalties for a disorderly persons conviction can include fines, restitution, community service, and in some cases, a short jail sentence. No matter what type of offense you are charged with committing, it is important that you work with an experienced criminal defense attorney to represent your case and your interests in court. Examples Of Disorderly Persons Offenses Harassment Simple assault Possession of a small amount of marijuana Lewd behavior Underage drinking or…Read More
Not every marriage is a valid marriage. A marriage can be deemed to be invalid if it somehow violates New Jersey’s matrimonial laws. When this is the case for a couple, they have the option of having their marriage annulled. An annulment is not the same as a divorce. When a couple divorces, they take legal measures to exit a valid marriage contract. When a couple has an annulment, they legally acknowledge that their marriage was never a valid contract to begin with. What Makes A Marriage Invalid In New Jersey? Bigamy. If an individual is already married, he or she can not enter another marriage until this first marriage ends through divorce or death. Incestuous marriage. If the couple are biologically related in any way, their marriage is not valid under New Jersey law. Fraud. If either partner misrepresented…Read More
When the infamous extramarital affair website Ashley Madison was hacked in July 2015, more than 300,000 New Jersey users were identified. New Jersey ranked fourth in the United States for the most money spent on ashleymadison.com, coming in behind Alabama, Colorado, and the District of Columbia. On the list of the top 100 New Jersey municipalities for Ashley Madison users developed from the hacked information, Toms River ranked #6 and Freehold ranked #21. It is important to note that this data is based on user-reported locations that were uploaded to a world map by Tecnilogica, a Madrid-based digital agency and might not be 100% accurate. However, it does show the prevalence of Ashley Madison use in New Jersey fairly accurately. According to Psychology Today, between 30 and 40 percent of Americans engage in infidelity at least once in their lives. 17% of divorces in the…Read More
Today, it is very popular for unmarried couples to live together. Some of these couples eventually opt to marry, while others break up and go their separate ways or choose to live together without marrying for years or even decades. These couples do not get to take advantage of the benefits that married couples receive, such as the automatic joint ownership of the property that is obtained during a marriage. However, many of these couples do own property together and when an unmarried couple with property decides to end their relationship, issues regarding the property’s ownership and each partner’s right to the property can arise. To address these issues before they arise, many couples opt to sign cohabitation agreements. Like a prenuptial agreement, couples can use a cohabitation agreement to determine which party will retain specific assets if the couple…Read More
