New Jersey Family Law

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

SOUTH ORANGE NEW JERSEY ESSEX COUNTY DIVORCE LAWYER CHILD SUPPORT

The New Jersey divorce judge properly rejected the mother's claims, including the amount of child support arrears owed, change of custody and various visitation issues. In particular, her planned pregnancy with her new husband, and her leaving work, "did not justify her failing to support her existing child." Thus, she did not present any evidence of changed circumstances justifying a plenary hearing on custody. Finally, the argument the father, as a male, was incapable of raising an adolescent girl, was constitutionally defective.     Schottel, etc. v. Kutyba, New Jersey App. Div., September 25, 2007

CRESKILL NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION CHILD CUSTODY

The District Court properly dismissed plaintiff's action accusing the State of New Jersey of wrongfully depriving him of the custody of his children, after DYFS removed the children from the care of their mother (from whom plaintiff had separated) and placed them in foster homes. Plaintiff alleged he was seeking custody of the children at the time of the removal, and that he was denied custody even though he was not involved in the incident which led to DYFS's actions. The court correctly found that New Jersey's 11th Amendment immunity barred plaintiff's suit and declined to exercise supplemental jurisdiction over his remaining state law negligence claim.   Thorpe v. State of N.J., et al., Third Cir., September 13, 2007

ROSELAND NEW JERSEY ESSEX COUNTY DIVORCE LAWYER CHILD CUSTODY RELOCATION

The New Jersey divorce judge authorized the father to relocate to Florida with 2 of the parties' 4 adopted children, with the mother to have daily contact with the relocated children through the Internet and by telephone, and visitation during the summer and holidays. In her pro se appellate brief, although the mother did not raise any substantive arguments that Baures v. Lewis had been misapplied, the Appellate Division nevertheless conducted an independent review and ruled the father had ample "good faith reasons" for the Florida move. It was not "inimical" to the best interests of the children.    D.A. v. S.J.-A., New Jersey App. Div., August 6, 2007

MILLBURN ESSEX COUNTY DIVORCE MEDIATOR CHILD CUSTODY

The father wanted equal physical custody and parenting time with his 2 year old child, in addition to joint legal custody, where the parties lived half mile from each other. However, the father was able to see his child every day and already had one overnight per week. Because the parties' current practice, which had been in effect for a year, was working well without any disruption to the child, the New Jersey divorce judge was correct in denying the father's application.  Perez v. Sanchez, New Jersey App. Div., August 1, 2007

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION

In this action to terminate the parental rights of the mother to her daughter, the Division of Youth and Family Services failed to meet its burden of establishing by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1a. The gravamen of the trial court's decision to terminate the mother's parental rights was that the daughter was threatened by the continuing relationship between the mother and the father, who had been convicted of child endangerment in connection with the death of his and the mother's son from Shaken Baby Syndrome. However, that threat was based on speculation rather than clear and convincing evidence.    N.J. Div. of Youth and Family Svcs. v. G.L..; I/M/O Guardianship of M.J.C., a Minor, ___ N.J. ___ (2007); New Jersey Supreme Court, June 29, 2007

WEST PATERSON PASSAIC COUNTY NEW JERSEY CHILD RELOCATION MEDIATOR

Within 6 months of the New Jersey judgment of divorce, the ex-wife sought to remove the minor children to Pennsylvania and to sell the former marital home. The New Jersey divorce judge denied the applications, holding she failed to prove the move was in the children's best interest, and failed to establish sufficient reasons to modify the joint custodial arrangement. The judge also found that the ex-wife's application to sell the marital home was unfair to the ex-husband, in that it made as much sense for her to move out, and for him to move in, as any other arrangement. These decisions are affirmed.   Specian v. Specian, New Jersey App. Div., June 26, 2007

JERSEY CITY NEW JERSEY HUDSON COUNTY DIVORCE LAWYER

In a child custody dispute controlled by the New Jersey Uniform Child Custody Jurisdiction and Enforcement Act, N.J.S.A. 2A:34-53 to -95, the Appellate Division held (1) New Jersey retains "exclusive, continuing jurisdiction" pursuant to N.J.S.A. 2A:34-66 over a custody order entered by a New Jersey court as long as there is either a "significant connection" with New Jersey or "substantial evidence" available in New Jersey about "the child's care, protection, training, and personal relationships," (2) the father and child had retained a "significant connection" with New Jersey, but (3) the Family Part abused its discretion by failing to decline jurisdiction pursuant to N.J.S.A. 2A:34-71 in favor of the child's home state of Maryland.    Griffith v. Tressel, ___ N.J. Super. ___ (2007); New Jersey App. Div., June 22, 2007

ENGLEWOOD CLIFFS CHILD CUSTODY MEDIATION

The New Jersey divorce judge denied the mother custody of the child in question, to whom she is not related. Although she was considered a family friend and had been asked to care for the child at times by both the natural mother and the maternal grandmother with whom DYFS had placed the child, she did not prove that she was a psychological parent of the child for custody purposes. The appellate court rejects plaintiff's argument that the trial judge should have exercised her discretion and appointed a psychologist to assister her in determining whether she had established a parent-child bond with the child. The judge's determination that plaintiff had not met her burden of proof was possible without the need of any expert testimony.  R.B. v. A.P., New Jersey App. Div., May 14, 2007

ENGLEWOOD CLIFFS DIVORCE MEDIATION

Because the New Jersey divorce judge did not conduct a hearing or interview the parties' 15 year-old son, the court reverses the order denying the mother's motion to re-designate her as the parent of primary residence for the son. She claimed her son was emotionally distraught over living in Florida with his father, and asserted that he had neither been taking the boy for counseling, nor had he secured tutoring for the boy's special educational needs, as agreed, causing his grades to suffer. Further, she advised the court that her son asked to speak to the judge. A plenary hearing was clearly mandated here by the disputed facts and the applicable rules, and the judge was statutorily required to interview the son as a child of sufficient capacity.      Frigeria, etc. v. Abbate, New Jersey App. Div., March 5, 2007