New Jersey Family Law

LEONIA CUSTODY DIVORCE MEDIATION LAWYER BERGEN COUNTY NEW JERSEY

Michael Jackson’s mother was granted temporary guardianship of his 3 children by a judge today and a hearing on permanent custody was scheduled for next week. Mr. Jackson’s mother, Katherine Jackson, 79, also petitioned to be named administrator of his estate. Then, Mr. Jackson’s father, Joe, held a disjointed news conference, during which he veered among his central topic, his plans for his new record company; his grandchildren, who he said were "happy"; and the private autopsy on his son, which the family ordered after findings of a county autopsy last Friday proved inconclusive. Mr. Jackson said that there would be no funeral until the outcome of the private autopsy, whose results, he said, he expects shortly.     The New York Times, June 30, 20O9

JERSEY CITY HUDSON COUNTY NEW JERSEY CHILD CUSTODY MEDIATION

A New Jersey father has won another round in his 5 year battle to get his son back. Brazil's Supreme Court refused to accept a bid by a political party to stop the 9-year-old boy from being returned to New Jersey to live with his father. But his return to New Jersey will not take place any time soon. Dismissing the bid, the Brazil Supreme Court ruled that a federal court in Rio de Janeiro should decide whether 9-year-old Sean Goldman returns to New Jersey to live with his father, David Goldman, or remain with his stepfamily in Brazil. The New Jersey father has been trying to get his son back for years. His wife took the boy to her native Brazil in 2004. She remarried there and died last year after giving birth to a daughter.   June 8, 2009

 

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge violated the mother's due process rights when he divested her of custody, and granted it to the father, without first holding a hearing at which witnesses could testify under oath and be subject to cross-examination. The New Jersey Supreme Court found the judge's ruling especially troubling, given a DYFS report saying the children should be returned to the mother, which both DYFS and the law guardian chose at the last minute to ignore.   Division of Youth and Family Services v. G.M.,     N.J.   , New Jersey Supreme Court, April 7, 2009

FORT LEE BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

At the 2007 New Jersey trial, in an effort to prove that the mother was abusing the child, the father presented the child's psychologist. Unbeknownst to the mother, the psychologist began treating the child in 2004. But the psychologist admitted he never spoke to the mother about the child or the abuse allegations. Neither the psychologist nor the father confronted the mother about the alleged abuse, reported it to any third-party or took steps to stop it. The New Jersey divorce judge properly found both the father and the psychologist not credible. Thus, the father failed to prove (a) the mother's unfitness or (b) jeopardy to the child's welfare. Change of custody was correctly denied.      Caccire v. Caccire, New Jersey App. Div., March 4, 2009

WESTWOOD BERGEN COUNTY NEW JERSEY DIVORCE LAWYER CHILD CUSTODY INTERVIEW

  "The daughter presented as a sensible and normal teenager, who was getting very good grades in school, had a part-time job, and had friends, including a boyfriend. The judge noted that the daughter was old enough to intelligently express her views regarding custody and visitation, and he accepted her statements that she wished to continue living with her father and that he was not maligning [the mother] or doing anything to prevent the daughter form visiting [the mother]...We summarily reject [the mother's] contention that the judge abused his discretion in conducting an in camera interview of the daughter and relying on her statements. The interview was authorized, see Rule 5:8-6, and the manner in which the judge conducted the interview was evenhanded and appropriate in all respects. The judge's assessment of the daughter's demeanor and credibility is entitled to our deference."     Olsher v. Gold, New Jersey App. Div., February 18, 2009

SUMMIT UNION COUNTY NEW JERSEY DIVORCE CUSTODY VISITATION LAWYER

The father sought an order that would increase his parenting time to 50 percent, direct a best interest/custody evaluation pursuant to Rule 5:8-1 and find the mother in contempt of court and in violation of litigant's rights because she refused to attend sessions with the parenting coordinator and had interfered with his parenting time.   Rimmer v. Loesch, New Jersey App. Div., February 11, 2009

HANOVER MORRIS COUNTY NEW JERSEY DIVORCE CUSTODY MEDIATION

A Hanover mother who disappeared last week with her 2 children and was picked up in Maryland waived extradition and agreed to be returned to New Jersey to face a charge of interfering with custody. Patricia Schafer, 38, has been charged by Morris County authorities with taking daughter Jessica, 3, and son John, 13, away from their home last without alerting Douglas Schafer, her husband and the children's father, to their whereabouts. Detectives from the prosecutor's office determined the mother was in the Towson Town Center Mall in Baltimore County, Maryland. They contacted mall security, which followed the mother's vehicle until Baltimore County police arrived.    Morristown Daily Record, January 7, 2009

 

SCOTCH PLAINS UNION COUNTY NEW JERSEY CHILD CUSTODY MEDIATOR

For the first time in New Jersey, a judge has recognized the right of parents to collect damages for intentional infliction of emotional distress when their relationships with their children are poisoned by former spouses. The judge ruled that a man can sue his ex-wife and her parents for allegedly turning his children against him by making false accusations he committed sexual misconduct. The central legal issue was whether the emotional distress claim was a disguised complaint for alienation of affection, a cause of action New Jersey abolished in 1935. By then, America no longer believed cuckolded husbands deserved damages from their wives' lovers or that the father of the bride should be able to sue the scoundrel who jilted his daughter.   Smith v. Smith, New Jersey Law Div., November 14, 2008

ENGLEWOOD BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

Was the New Jersey divorce judge correct in changing child custody ? Yes, because (a) the mother's committed an act of domestic violence against the father, in the presence of their minor child and (b) she failed to advise of her relocation to New Jersey. These were changed circumstances sufficient to warrant reevaluation of the original custodial arrangement. In determining the child’s best interests, the trial judge properly considered N.J.S.A. 9:2-4 and the statutory factors. Furthermore, there was no cultural bias in the decision to change primary residential custody.    Chen v. Chen, New Jersey App. Div., November 10, 2008

ENGLEWOOD CLIFFS BERGEN COUNTY NEW JERSEY DIVORCE CHILD CUSTODY MEDIATOR

The child visitation and parenting time disputes in this case were the subject of a schedule recommended by a Parenting Coordinator. In fact, the New Jersey divorce judge implemented the Parenting Coordinator's recommendations by including them in an order. Concluding that the trial court properly applied the "best interests of the child" standard to this situation, in light of the parties' history of conflict and inability to agree on parenting time, the appellate panel affirmed. Menzel v. Davis, Jr., New Jersey App. Div., October 9, 2008