Seeking A Modification For Full Custody? Evidence Is Key

modification for full custodyYou’re noticing red flags in your ex’s parenting and think it’s in your children’s best interests to spend more time with you. What do the courts look for when one parent sues to make changes to the current custody agreement and requests “full custody” of the kids? A recent celebrity news item involving a custody dispute between exes Christina Hall (formerly Haack) and Ant Anstead  provides a lesson in the high stakes — and high burden of proof — involved in child custody modification cases. Read more

New Rules On Parent Relocation Requests: A Case Study

moving with your child

In August 2017, the standards used by the New Jersey family courts when deciding to approve or deny a parent’s request to relocate with their children out of state underwent a significant change, thanks to the landmark ruling of Bisbing v. Bisbing.

How will this switch from the the “old way” of deciding relocation matters — called the Baures factors — to the brand new Bisbing standards affect your plans to move with your kids? Let’s take a look at a typical parent relocation request to find out what’s different now — and what you might expect in your own child relocation matter. Here is Mary and Paul’s story.

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Want to Relocate Out of New Jersey With Your Kids? Don’t Look to Baures!

moving out of state with child

In a landmark ruling handed down today by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a relocation would be in the “best interests” of the children involved.

What could all this mean for your relocation matter? Here is a summary of today’s important ruling.  Read more

Custody Interference: Can Your Ex Face Criminal Charges?

custody interference

Your child’s other parent refuses to allow your child to spend time with you. You recognize this as a red flag of parental alienation, but what can you do — and what consequences could your ex face for custody interference? Here is a look custody situations that may warrant criminal charges against alienator parents.  Read more

When Divorced Parents Disagree About Their Child’s Medical Care

medical care decisions child

When divorced parents with joint legal custody disagree on decisions made in their child’s medical care, who gets the final say? A new case in Ocean County ended with a court order to exercise “parens patriae jurisdiction.” Find out what this means – and learn which parent was finally able to make a decision over whether their son should have surgery…

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Child Custody: 3 Things To Think About If Your Ex Plans To Move Out Of State

moving and custody

So many people across the US are moving these days. Some move for new job opportunities or to continue their education at an out-of-state university. Others move because of a new romantic relationship. Some people may simply not be able to afford the cost of living, especially here in New Jersey and all along the East Coast. What happens when your child’s other parent moves out of New Jersey? Will this affect child custody? What about your current parenting time and holiday arrangement? Here are three key ways to prepare for what can be a major shift for you and your children. Read more

Emergency Child Custody Orders: How to Keep Your Kids Safe in New Jersey

emergency child custodyAre you in an urgent situation with your kids and need an emergency child custody order? In certain circumstances, including situations in which domestic violence and abuse are present in the family, the courts in New Jersey will agree to hear you on an emergency basis. Read more

Brangelina Divorce Shines Spotlight On Shared Vs. Sole Custody

Angelina Jolie Brad Pitt custody

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Brad Pitt’s comment regarding his wife, Angelina Jolie’s filing for divorce was short: “I am very saddened by this, but what matters most now is the well-being of our kids,” he said in the statement. “I kindly ask the press to give them the space they deserve during this challenging time.” Jolie also made a statement, following her filing for divorce: “This decision was made for the health of the family…”

Given these two family-centric statements, what has struck some as interesting in Jolie’s filing papers is her request for sole physical custody of the couple’s six children. While Jolie has asked that Pitt have joint legal custody, she has clearly asked in her divorce filing that the children live with her for the majority of the time, and that Pitt have visitation or parenting time as it is most recently called, with their children.

Why would a parent ask for this for this particular arrangement? Read more

Follow Custody Rules On Moving Out of State With Your Child Or Face The Consequences

Our world is constantly changing, and as a result, people live much different lives today than they did even twenty or thirty years ago. More and more parents are relocating out of state for many reasons: family, employment, and schooling. But, what if you have custody of your children? Does that give you free reign to move out of New Jersey with the kids? Contrary to popular belief, having custody of your child, even sole custody, does not automatically guarantee you the ability to move to a new state. There are certain laws that you must follow to ensure that you are not subjecting yourself to a possible parental kidnapping charge here in New Jersey. Read more

Child Custody Questions? New Resource For New Jersey Parents Answers Your Concerns

Child custody 101: An Introduction to New Jersey Child CustodyCreating a parenting time plan for your children as part of your divorce or separation? Wondering which custody arrangement is best for your kids? Want to know what your rights are as a mother or father? To answer these questions and more, Weinberger Divorce & Family Law Group, LLC is pleased to announce a new  resource for parents, Child Custody 101: A Introduction to New Jersey Child Custody Law. Read more