Articles Tagged with non-dissolution

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It is not uncommon as a family law practitioner to experience a difference in the way the family courts handle cases involving the children of divorced or divorcing spouses (where they are 772bcf531a8ff5549f90c16a75fd1d7f-1-300x200matrimonial cases bearing an “FM” docket number) in the dissolution unit, and children of non-married parents in the non-dissolution unit (those bearing a docket number starting in “FD”).  Non-dissolution cases are typically far more summary in fashion and are handled more quickly than they are in the in the cases of divorcing parents.   The good part of this is that the children’s cases may be processed more quickly and there is less uncertainty in their lives because the children are not enduring a longer, more drawn out litigation than children of divorcing parents sometimes have to survive.  In non-dissolution cases, however, because they often are so summary, the court does not have the opportunity to become as familiar with the facts and circumstances.

In the recently published Appellate Division opinion in the matter of J.G. v. J.H., A-1312-17 (App. Div. Jan. 2, 2019) expressed some disagreement over how summarily a family court judge resolved a custody dispute between unmarried parents.

John was born in 2012 to mother Jane and father Joseph.  In 2014 the parties entered into a non-dissolution order that provided for their agreement to share joint legal custody of John, with Jane having primary residential custody and Joseph having liberal visitation with him.  In 2015 the parties attempted to reconcile and vacated that order.  The reconciliation did not last.  Jane became engaged to another man and became pregnant.  Joseph filed an order to show cause accusing Jane and her fiance of drug use and asserting that she should not leave John alone with her fiance, asserting that he was a known drug user and convicted felon.  Joseph was awarded temporary sole custody of John based on the concern for violence in Jane’s home. The court directed that Jane’s visitation with John be supervised and that it occur outside her home.

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In the third and final blog post of this series, I will conclude my summary and discussion of the current 2017 Family Part Rule Amendments, including those of more general application. Continue reading ›

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In February, 2015, Chief Justice Rabner convened a Supreme Court Ad Hoc Committee on Domestic_DSC4819 Violence. Whether given that 24 years had passed since the “Prevention of Domestic Violence Act,” (N.J.S.A. 2C:25-17 et. seq.) was enacted, or perhaps even in response to the public backlash and uproar over the handling of the Ray Rice situation and its spotlight directed upon domestic violence laws, the Committee was charged with examining the current system and to conduct an in-depth review of New Jersey’s domestic violence procedures and laws and to make recommendations to strengthen New Jersey’s response to domestic violence. That Committee recently issued a report which contained thirty (30) recommendations. Continue reading ›

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When people ask me what I do for a living, I usually tell them I am a “divorce” lawyer.  While much of this firm’s practice is devoted to representing clients either getting divorced, handling issues incident to a divorce, or addressing disputes which may arise post-divorce (i.e. modification, enforcement of obligations and the like), over the years this firm has often been called upon to handle a growing number of disputes between non-married parties.  Among these claims arising from “family-type” relationships are those involving child custody and parenting time, property rights, child support and “palimony”. Hence, it is more accurate to described myself as a “family law” attorney as our firm’s website so references.   Continue reading ›