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Child Custody Archives

Who Decides Who Makes Major Medical Decisions for Children of NJ Divorced Parents?

In a recent custody dispute before the New Jersey Family Court, the trial judge decided that when divorced parents with joint custody cannot agree on a course of medical treatment for their child, the court may appoint one of them the “temporary medical custodian” with the authority to make important health decisions for the child.

NJ Courts Balance Parental Rights Against Children’s Needs for Defense Against Parental Wrongs

In the past 40 years and increasingly, both federal and state court decisions have recognized fundamental constitutional rights of parents to see, spend time with, and raise their children, without undue governmental interference. There are limits to that doctrine. New Jersey, as do many states, will assert a right of parens patriae — the government

The Psychological Parent in NJ: Can Your Well-Intended Neighbor Seek Court-Ordered Visitation With Your Kids?

Parents have a constitutional right to raise their minor children, free from government intrusion or interference. Parental rights are not absolute, however, and when the welfare of a child comes into question, the law may step in and limit or shape these rights in varying degrees to serve the best interests of the child. During

When Parents in Poverty Challenge Termination of Their Parental Rights in New Jersey

The New Jersey Supreme Court recently heard oral arguments in and is considering a case likely to revise termination of parental rights and adoption cases in the Garden State. The case,  In the Matter of the Adoption of a Child by J.E.V. and D.G.V., involves a woman who found herself unable to provide financially for

Five Challenges to Co-Parenting After N.J. Divorce and How to Cope

Parenting can be quite challenging, and maintaining healthy relationships during and after divorce can be difficult. While the courts may decide financial responsibilities and the division of parenting time, it is up to divorcing parents themselves to fill in the many blanks left by the court process and co-parent according to the best interests of

On the Road Again? How work-related travel affects custody and parenting time rights.

While the internet and cellular communications make doing business in far-flung parts of the world easier than ever, the bottom line is that many people’s jobs require them to travel extensively. For some people, business trips are consistent. For others, travel planning may be highly unpredictable. This makes keeping a regular schedule challenging, and for

“Who’s Your Daddy?” Establishing paternity of a New Jersey child.

Children deserve to be well cared for, both emotionally and financially — yet we know that is not always the case.  While this can be true for a number of reasons, sometimes the reason is simple:  the child’s parents were unmarried when the child was born, and may remain so after the child’s birth.  In New Jersey, for a

Child Out-of-State Relocation: To Move or Resist? And What Are Your Rights?

Post-judgment of divorce client to lawyer: “I want to move my kids out of New Jersey with me. Can I do it? What about to another country?” The U.S. economic downturn has made it difficult for many people to keep their jobs or even find a new job. During or after a divorce, one parent may

What? Live together while we are getting a divorce?!

It happens all the time. Most divorcing couples don’t have the financial means for one of the parties to rent or buy another place while the divorce is pending. They feel forced to live together for the sake of finances. How do separating couples do it? Many clients report that the couple began sleeping in

Court recognizes same-sex partners’ parental rights

A New Jersey appeals court has recognized the right of a same-sex partner to maintain a parental relationship with a child. The ruling on Aug. 6 stated that under the doctrine that a child can have a ‘”psychological parent” relationship with a non-biological heterosexual parent, same-sex partners have the same rights as heterosexual parents. The court said

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