Articles Posted in custody

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newbornIn a November, 2013 decision published on March 10th of this year, in what appears to be the first decision of its kind not only in New Jersey but in the United States, a Superior Court judge in the matter of Plotnick v. Delucca held that an expectant mother is not required to notify the child’s father when she goes into labor, nor is she required to allow him into the delivery room to witness the child’s birth. Continue reading ›

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In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to gavelexercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B., the trial court made a determination  to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party.  Continue reading ›

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One of the most difficult – and most divisive  – aspects of a divorce case is where there is a bona fide dispute between the parties as to what the custody and parenting time arrangements should be for their minor children.  Frequently, a client will insist that the children be allowed to speak to the judge directly so that the judge can hear first-hand with whom the child would rather live and/or so the judge can be told what a terrible parent the other party is.  Continue reading ›

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file2491276174298Way back in May of this year, I wrote the initial post for this blog concerning the protection of an unborn child of the victim of domestic violence based upon the published decision, B.C. v. T.G., penned by the Honorable Lawrence R. Jones, J.S.C., from the Chancery Division – Family Part in Ocean County.  In June of this year, the Legislature introduced a bill, A-4244, which sought to codify the protection afforded to the unborn child of a domestic violence victim by Judge Jones’ published decision. Continue reading ›

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Custody disputes can sometimes remind me of the Biblical story of King Solomon (1 Kings 3:16-28).   In this story, King Solomon is tasked withcustody2 resolving an argument between two women in the same household, each of whom claimed to be the mother of an infant son.  Continue reading ›

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photoThis week the New Jersey Court Committee on Opinions published the May 30, 2013 trial court Opinion of the Honorable Lawrence R. Jones, J.S.C. in the matter of A.W. v. T.D.   The case addressed  not only a heartbreaking family crisis, but what Judge Jones described as a “serious issue of first impression regarding the impact a terminal cancer diagnosis may have on an existing custody arrangement.” Continue reading ›

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file0002082373718In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children.  Continue reading ›

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scalesIn my prior recent posting entitled, “Part One: The Issue of Domicile in Non-Custodial Divorce Cases – Is New Jersey Still My Home?“, I discussed how jurisdiction is determined in matrimonial cases that did not involve a custody dispute. Here, I will discuss how a New Jersey family court will determine whether New Jersey has jurisdiction to decide a custody dispute. Continue reading ›

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625807_the_rings     The process of deciding and moving towards a divorce is a vexing and stressful time for anyone.  We ask our friends and families questions:  some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned.   Continue reading ›

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     The decision to seek a divorce is often difficult and painful.   There is uncertainty about your future and possibly your children’s futures, and you may likewise be uncertain about what the Family Court process actually entails with regard to getting a divorce.   Described below is a very brief outline of the matrimonial litigation process:

1409593_gavel_31.  The Complaint for Divorce

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