New Jersey Family Law

NEW JERSEY DIVORCE ATTORNEY : SHORT HILLS ESSEX COUNTY CHILD CUSTODY MEDIATION

The New Jersey divorce judge's summary termination of the father's long-standing right to joint legal custody and reduction of his parenting time, based on the court's pique at the father having signed his daughter out of school to bring her to address the court, was an abuse of discretion warranting reversal, particularly in the absence of a motion from the mother to modify custody. This conduct did not constitute exigent circumstances under Entress v. Entress justifying a change in custody without a plenary hearing. A different judge should preside over the remand.    Evangelista v. Baglivo, New Jersey App. Div., May 7, 2008

MONTCLAIR NEW JERSEY DIVORCE LAWYER CHILD CUSTODY

The New Jersey divorce judge did not have to interview the 3 children, aged 11, 10 and 6, in this contested child custody case. This was because of the considerable evidence pertaining to the parenting capabilities of each parent and the best interests of the children, the review of the report and testimony of the father's custody expert – which actually favored the mother – and the testimony of both parties, the paternal grandmother and a friend of the father. Thus, it was appropriate to award the mother primary residential custody.  Hopkins v. Hopkins, New Jersey App. Div., June 7, 2007

NEW JERSEY DIVORCE MEDIATOR

On the biological father's appeal from an order requiring he and his daughter's psychological father each to pay child support, held (1) the biological father was properly ordered to submit to genetic testing, even though he was unaware of his 12-year-old daughter until shortly before the action commenced and even though he wanted nothing to do with her, (2) equitable estoppel did not make the psychological father solely responsible for the daughter's support, absent interference by the psychological father with support from the biological father, and (3)although the biological father had the primary support obligation, it was proper for him to share the obligation with the psychological father because the biological father could not pay the entire amount of support. J.R. v. L.R., ___ N.J. Super. ___ (App. Div.); New Jersey App. Div., July 17, 2006

NEW JERSEY DIVORCE MEDIATION : WHICH SCHOOL?

The parties have joint legal and residential custody of their two children, who attend Demarest public schools. Defendant moved to transfer the children to the Ridgewood schools, and plaintiff opposed the motion, cross-moving to amend the parties' shared custody and parenting plan. The judge denied both motions, concluding that there were not "sufficient discrepancies" to require a plenary hearing. However, because the judge did not make any findings of fact or conclusions of law, the matter is remanded to the trial court.  Shau v. Wu, New Jersey App. Div., May 10, 2006

NEW JERSEY DIVORCE MEDIATION : INTERNATIONAL CUSTODY

The mother alleged her ex-husband wrongfully detained their daughter when she was 11. The District Court denied the petition, holding that there was no wrongful detention because the child's habitual residence was the United States. Mother appealed, arguing that the child habitually resided in Finland. Although this is a close case, the appellate court affirms. Prior to her retention, the daughter acclimatized to the U.S. From her perspective, there was a degree of settled purpose to remain in this country. The existence of shared parental intent to permit the girl to choose her country of residence bolsters this conclusion.    Karkkainen v. Kovalchuk, et al., United States Court of Appeals  [3d. Cir.], April 24, 2006

NEW JERSEY DIVORCE CUSTODY

The court reverses the Family Part order granting residential custody of the parties' 5 year-old daughter to the mother and granting visitation to the father every weekend, where the judge apparently did not consider the facts in the custody/parenting time report of the probation officer. The judge appears to have treated custody as settled, and the issue before him as one of visitation only, whereas the report raises concerns which require full consideration of the custody issue on remand.  Weatherington v. Gore, New Jersey App. Div., February 20, 2006

NEW JERSEY DIVORCE CUSTODY

The court affirms the father's conviction for interference with custody and contempt of court, based on the jury's finding that he took his son with the purpose of concealing him and depriving the mother of custody and, in so doing, knowingly disobeyed a pre-existing custody order.     State v. Ruutikainen, New Jersey App. Div., November 30, 2005

What Do The Children Think?

After their New Jersey divorce was finalized, the parties had a dispute concerning parenting time with respect to their 3 children, a 14 year old son and twin daughters aged 12. The trial judge made certain rulings after the dispute could not be resolved. But those rulings were remanded for further findings, the most critical of which required the court to interview each of the three children. Frank v. Supardi, New Jersey App. Division, April 27, 2005