My spouse and I would like to legally separate before deciding whether to divorce. Can we do this? The legal separation of married couples is technically not permitted in the State of New Jersey. Instead, spouses may choose to separate informally, enter into a separation agreement, or consider a limited…
Articles Posted in Child Custody
Effective Co-Parenting Following a New Jersey Divorce
I keep reading about celebrity co-parenting in the news. What does it mean? Unfortunately, no one is immune from divorce. Couples across all walks of life from celebrities to your favorite friends or neighbors choose to end their marriages every year. Regardless of the cause, it is important for divorcing…
Summer Break and Child Custody in New Jersey
My children are on summer break from school, and I would like to take them on vacation. May I do so? Due to work, summer camp, vacation, and other obligations, a child’s schedule can vary wildly during the summer. Since it is common for parents to disagree about summertime custody and…
The Use of Medical and Mental Health Records in a New Jersey Child Custody Case
I suffer from a mental illness and my spouse wants a divorce. Can this hurt my chances for gaining custody of our children? In general, the best interests of the child are of paramount importance in a New Jersey child custody matter. In some situations, a parent’s physical and mental…
Child Custody and Parenting Time for New Jersey Parents Who are Deployed Overseas
I am a member of the United States military who just learned that I am being deployed overseas. Will I lose the right to see my children? In general, each New Jersey parent has the right to a specified amount of parenting time. Courts will typically make this determination based…
New Jersey Court Affirms Order Allowing Primary Caretaker to Relocate Couple’s Twins Out of State
A primary caretaker’s job offer warranted the removal of a divorced New Jersey couple’s minor children to another state. In a recent Appellate Division ruling, a couple married in 2005 and had twins in 2009. At the time of their marriage, both spouses were employed by an investment banking firm.…
Establishing a ‘Change of Circumstances’ in New Jersey for Modifying Custody in a Multi-National Situation
A mother’s extreme difficulty in obtaining international travel documents to allow her children to visit their father at his home in Brazil did not warrant changing the parents’ custody arrangement from joint to sole custody, according to a recent Appellate Division ruling. While the family’s travel complexities were a new…
New Jersey Appellate Court Rules That Sometimes Putative Fathers May Lose Their Right to a DNA Test
In a recent New Jersey family law case, a divorced man tried to compel a paternity test to determine whether or not he was the father of his ex-wife’s children. Although he once had an opportunity to file a motion to verify the children’s parentage in the past, he waived…
When Your Child Custody Arrangements Change, Child Support Obligations May Change As Well
Changes in child custody orders can affect a parent’s financial obligations in a number of ways. In the recent New Jersey appellate case of Cowie v. Cowie, which was filed by our firm, a mother had already obtained sole custody of her children, and she made a motion to have the…
Judges Have The Authority To Intervene In New Jersey Child Support Agreements
Child support negotiation involves a number of issues that can complicate the process. For example, some divorced parents want to waive or reduce a child support agreement as part of a larger divorce settlement deal negotiated between the parents. New Jersey judges can intervene by altering the child support amount…