Articles Posted in custody

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A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and thatvisitation-300x200 the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a failure to exercise parenting time as a matter that needed to be addressed economically.   Many matrimonial attorneys and judges, however, relying on a 2006 case encaptioned J.S. v. L.S, 389 N.J. Super. 200 (App.Div. 2006), have opined that the failure a parent to exercise parenting time did not give rise to a right for economic relief. Continue reading ›

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On May 3, 2018 the New Jersey Appellate  Division published the case of DCPP VS. T.D., R.C. AND R.G., IN THE MATTER OF THE GUARDIANSHIP OF M.G., B.C. AND A.G. (FG-20-0040-13, UNION COUNTY AND STATEWIDE)(CONSOLIDATED) (RECORD IMPOUNDED) (A-4918-c1b55e653e97997fd3f08500aae0ee83-225x30015T1/A-4923-15T1), an Opinion affirming the trial court’s decision to not terminate the parental rights of T.D., a mother suffering from multiple sclerosis, and R.C., the father of her two youngest children, born in 2012 and 2014, and removed from the care of their parents soon after birth.  The Appellate Division, in denying the appeals of the New Jersey Division of Child Protection and Permanency (Division), and the Law Guardian on behalf of the two young children, stated that the “United States Supreme Court has held that biological parents’ relationships with their children ‘is an interest far more precious than any property right.’ Santosky v. Kramer, 455 U.S. 745, 758-59 (1982). Therefore, New Jersey courts protect that interest by imposing “strict standards for the termination of parental rights.” Continue reading ›

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For the third time since 2012, the New Jersey lawmakers have passed legislation that would allow persons to enter into gestational carrier agreements; namely for the intended parents to enter into a contract with a woman 21 years of age or older to become pregnant by assisted reproductive technology without the use of her own egg, and to surrender custody of the child to the intended parent immediately upon birth, and considered neither an adoption nor termination of parental rights, as long as the requirements of the statute are strictly adhered to. While two prior legislative attempts were vetoed by then Gov. Christie, it is expected that this Baby-M-movie-300x238current legislation (S482) will be signed by Gov. Murphy soon and become law. Many people continue to refer to the agreements covered by the statute as “surrogacy contracts”, and that they would in effect overturn the Supreme Court ruling in Matter of Baby M, 109 N.J. 396 (1988) which deemed such surrogacy contracts invalid. Continue reading ›

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When custody disputes arise, I often consider the Biblical narrative, 1 Kings 3:16-28,  which tells the story of how King Solomon resolved a custody dispute of sorts between two women who lived 296050aba1c021ff4a7e4cab0ed498d2-3-300x200 in the same home.  The women came before King Solomon, each claiming to be the mother of the same baby boy.   King Solomon called for a sword and rendered his judgment:  He would cut the baby in two so that each woman could receive half.  The first woman did not contest Solomon’s decision, arguing that if she could not have the baby, then neither woman could.  The second woman begged King Solomon to give the baby to the other woman instead of killing the baby. King Solomon declared the second woman as the infant’s true mother, reasoning that as a mother she would give up the baby if she had to in order to save his life. Continue reading ›

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In the case of Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016), the Appellate Division addressed a dispute involving parents who entered into a consent order establishing rights to grandparent visitation but then later wished to abrogate those rights. In this case, a motion was brought by the mother to terminate the visitation rights of the fraternal grandparents, claiming that the children were being harmed by the visits. The Appellate Division reversed the decision of trial court and stated that a parent could not unilaterally modify the consent order granting rights of grandparent visitation. The Court rejected the mother’s argument that, “[T]here is no burden that [mother] has to do anything other than say this is not working out, I tried.” The Appellate Division addressed grandparent visitation, as follows: Continue reading ›

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On August 15, 2017, the New Jersey Appellate Division approved for publication the decision in the matter of E.S. v. H.A (A-3230-14T2 and A-3256-14T2), in which the Appellate Division addressed whether a parent may be required to admit to a crime as a condition for that parent to be able to make an application for visitation with one’s child.  The Appellate Division concluded that parents cannot be required by the state to forego their Constitutional right against self-incrimination as a condition to seek custody or visitation with their child. Continue reading ›

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Nothing is more precious to us than our children. The Supreme Court of the United States has established the right to know one’s children as a fundamental Constitutional right. In New Jersey the9-08-3-300x225 right to know and raise one’s children is firmly entrenched in statutory and case law.  In our mobile society the right to know one’s children post-divorce has often come in conflict with the post-divorce business or social needs of the parents.  New Jersey, like many North Eastern states, has a highly transient population who has come here for business or personal reasons and may find business or social needs more compelling than identity to the State as home. When parents of children feel compelled to move, there is often contention over the impact of such a move on custody of the children. Continue reading ›

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Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13).   In this published opinion the court addressed issues of296050aba1c021ff4a7e4cab0ed498d2-1-300x200 jurisdiction in a custody and parenting time dispute where one party had relocated with the children out of the state of New Jersey, but the parties had reached an agreement as part of their divorce that future custody disputes would be decided under New Jersey law and in New Jersey courts.  This case contains a detailed analysis that a family court undergoes to resolve jurisdiction issues and the application of the Uniform Child Custody Jurisdiction and Enforcement Act. Continue reading ›

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I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained that “He can’t do that because I have permanent alimony!” It was obvious that this person had taken the word “permanent” literally, and believed that her alimony rights were forever immutable. She seemed genuinely shocked when I explained, without getting into the details of her case, that even “permanent” alimony may be modified or terminated upon a showing of a substantial change in circumstances. Continue reading ›

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There is a saying among realtors that the first offer is usually the best offer. Why is that?  Because the first offer is made when the property is freshly on the market. When real estate sits buyers6a3146dbdf81597192112ac03d77c7e4-300x200 become suspicious. There is also the cost of holding the property to factor in.  The first offer likely saves the seller from incurring more tax, mortgage, utility and upkeep costs. There is a lot to be said about the psychological benefits of a fast deal as well. No worry, no uncertainty, no sleepless nights. Continue reading ›