New Jersey Family Law

SUMMIT NEW JERSEY UNION COUNTY DIVORCE LAWYER

The divorce settlement talks began more than three years ago, not long after New Jersey's most famous gay American came out of the closet. Back then, friends close to former Gov. James E. McGreevey and his estranged wife, Dina Matos McGreevey, depicted the discussions as discreet -- which is pretty much the last time anything related to McGreevey vs. Matos McGreevey has been described as either of those things. On Tuesday, after 3 years of failed negotiations, insults, and nonstop bickering over everything from Barnes & Noble parking lots to pony rides, the McGreevey divorce finally went to trial. Legal analysts expect New Jersey's former first couple will approach new lows, even for divorce court. "I'm not going to tell you this is going to be the worst case ever in the history of New Jersey divorces," said Charles Abut, a New Jersey matrimonial lawyer. "But I think if you asked longtime matrimonial lawyers, 'Give me the top 10 worst,' this one is going to appear on everyone's list."  The Star Ledger, May 5, 2008

CRANFORD UNION COUNTY NEW JERSEY DIVORCE LAWYER CUSTODY MEDIATION

The expert’s unopposed report provided the New Jersey divorce judge with sufficient credible evidence to conclude the best interests of the children would be served by continuing them in the custody of the father and not requiring them to have contact with the mother, until such time as they were emotionally able and willing to do so. With that custody adjudication in place, the judge’s decision to terminate the abuse and neglect litigation was a proper exercise of discretion.     New Jersey Division of Youth and Family Services v. M.O., New Jersey App. Div., April 28, 2008

SOUTH ORANGE ESSEX COUNTY NEW JERSEY DIVORCE ATTORNEY

At the heart of "this sad case," which raises questions of international and federal law under the Hague Convention's Civil Aspects of International Child Abduction, is a custody battle over a young girl who has not seen either of her parents in years. Because it agrees with the skillful analysis of Judge Debevoise of the District Court, the circuit panel affirms his denial and dismissal, with prejudice, of appellant's habeas corpus petition which sought to end her detention in the Ner Jersey (Bergen County) jail for violating a Superior Court civil contempt order.    Carrascosa v. McGuire, etc., et al., United States Circuit Court of Appeals, 3d Cir., April 1, 2008

ENGLEWOOD NEW JERSEY BERGEN COUNTY DIVORCE LAWYER

In the New Jersey judgment of divorce, the mother got custody of the 3 children and the father was permitted monthly telephone communications with them. The father appealed on the mistaken assumption that the New Jersey divorce judge terminated his parental rights; there was no such order, and his parental rights remained intact. There was no basis for the father's argument that there should be joint custody of the children where he will not be eligible for parole until 2027. Finally, there was no merit to the father's argument that he was entitled to the appointment of counsel.   Flores v. Flores, New Jersey App. Div., January 17, 2008

LIVINGSTON NEW JERSEY ESSEX COUNTY CHILD CUSTODY MEDIATION LAWYER

A measure soon to be considered by the New Jersey Assembly Judiciary Committee would prohibit permanent changes to New Jersey child custody arrangements while either parent is absent on military duty. Under this bill introduced by Assemblyman Christopher J. Connors (R-Ocean), judges could not enter or amend such changes except on a temporary basis. And when the military parent returns, "the court shall not consider a parent's absence due to military duty, by itself, to be sufficient to justify a modification of a child custody or visitation order."    Bill # A-4557, November 30, 2007

ENGLEWOOD CLIFFS NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION LAWYER CHILD CUSTODY

A New Jersey man accused of abandoning the child he fathered with his missing mistress was sentenced to 18 months probation Monday after his lawyers reached a plea agreement with prosecutors. Rosario DiGirolamo, 32, of Millstone Township, N.J., pleaded guilty to second-degree reckless endangering and child abandonment, both misdemeanors. Prosecutors and defense attorneys agreed that evidence did not support a felony endangerment charge of leaving his 11-month-old son, Michael, at substantial risk of death when he left him in the parking lot of Christiana Hospital in Newark on June 9. DiGirolamo remains a "person of interest" in Giordano's disappearance, according to prosecutors in New Jersey, who suspect she is dead.       Associated Press, November 16, 2007

TENAFLY NEW JERSEY BERGEN COUNTY DIVORCE LAWYER

The Oregon Supreme Court just heard arguments in a dispute between divorced parents over whether to circumcise their 12-year-old son. The father, a convert to Judaism, has been joined in an amicus brief by 4 national Jewish organizations that say any effort to interfere with the father's decision - given that he has full custody - "would violate the First Amendment guarantee of freedom of religion." The mother counters that custody is irrelevant since the procedure amounts to physical abuse : "If the custodial parent wanted to amputate some other body part, I think the court would step in." The father, who also is a lawyer and represented himself, asserted that a custodial parent could do anything to a child he wanted, as long as it wasn't actually illegal, although tattooing "a swastika on the forehead" might raise questions of parental fitness. This may be the first time an appellate court has dealt with the issue of circumcision.    Boldt v. Boldt, Oregon, New Jersey Lawyer, November 9, 2007

CLIFTON NEW JERSEY PASSAIC COUNTY DIVORCE MEDIATION ATTORNEY GUARDIAN AD LITEM

The ex-wife sued the ex-husband for custody of their child. Then the brother of the ex-wife certified he was willing to care for the child, and the New Jersey divorce judge granted temporary custody to the brother, who was thereafter order to pay the $94, 800 fee for the court-appointed guardian ad litem. On appeal, the appellant asserted he should not have been ordered to pay the fee for the guardian ad litem because he was not a party. While the appeal was pending, the guardian ad litem informed the New Jersey Appellate Division her entire fee had been paid by the ex-wife, which rendered the order moot.     Morris v. Morris, New Jersey App. Div., October 4, 2007

ENGLEWOOD CLIFFS NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION CHILD CUSTODY

Britney Spears has lost custody of her kids. A Los Angeles judge yesterday ordered the pop star to turn over "physical custody" of her sons, 2-year-old Sean Preston and 1-year-old Jayden James, to their rapper-wannabe dad, Kevin Federline. The children were to be given to their father by noon tomorrow and remain with him "until further order of the court," according to the latest ruling in the divorced couple's custody battle. But one source said the drop-off of the kids to K-Fed had already been made by yesterday afternoon.    New York Post, October 2, 2007

LEONIA NEW JERSEY BERGEN COUNTY DIVORCE LAWYER CHILD CUSTODY

In this acrimonious New Jersey divorce case, the father made various post-judgment requests : (1) a plenary hearing to resolve problems of custody and parenting time for the parties' 10-year old son; (2) appointment of a guardian ad litem; (3) appointment of a psychologist to perform a "best interests" evaluation; (4) the ordering of further protective measures for the child pursuant to the court's "parens patriae" jurisdiction; and (5) an order requiring the mother to submit to a psychological evaluation. But the New Jersey divorce judge correctly denied all these applications. The court's prior 2005 order incorporating the recommendations of the court-appointed psychologist properly protected the child's best interests.      Tornillo v. Riddle, New Jersey App. Div., September 26, 2007