modification of custody

New Jersey Family Court Addresses Jurisdiction Dispute in Post-Judgment Custody and Parenting Time Dispute

July 21, 2017 | The Law Office of James P. Yudes, P.C.

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 of 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 ›

Appellate Division Affirms Decision to Deny Modification of Joint Legal Custody Arrangement Despite Noncustodial Parent’s Relocation Out of Country

January 16, 2015 | The Law Office of James P. Yudes, P.C.

On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa. In Costa, the parties were married in 1994 and divorced in 2006. They had two children together, one being born in 1997 and the other in 2000. By way of settlement agreement entered into at the time of the divorce, the parties agreed the mother would be the primary residential custodian and that they would share joint legal custody of the children. Continue reading ›

New Jersey Appellate Division Clarifies the Standard for Courts to Apply When Considering Change of Custody Applications

August 1, 2014 | The Law Office of James P. Yudes, P.C.

On July 28, 2014, the New Jersey Appellate Division approved for publication the case of R.K. v. F.K. (Docket No. A-4165-11T4), which further clarified the issue of how courts in New Jersey are to determine applications to modify existing custody and parenting time arrangements. In August, 2007 the wife obtained a temporary restraining order (TRO) against her husband, citing harassment. The parties had been married since 2001 and had three young children together. That month, the family court issued a Final Restraining Order (FRO) and gave the wife temporary custody of the children. The husband was ordered to attend anger management classes, and he was given parenting time on Wednesdays, Saturdays and Sundays. Continue reading ›