Video Answers To Top Divorce & Custody Questions

Family Law, Divorce, & Custody Videos

 

The Williams Law Group understands that family law clients are experiencing vastly emotional legal issues. This is the reason why our approach is informational. Through viewing these videos, whether your legal problem is in regards to child support, spousal support, parenting time or restraining orders  we hope you understand that you have choices. As your attorneys, we will help you compassionately and aggressively.

 

To request a confidential consultation with attorney Allison Williams, please fill out our form to the right.

 

What if the custodial parent wants to move away from the noncustodial parent?

Transcript: If the custodial parent wants to move away from the non-custodial parent, there are a couple of questions that have to be answered. First, we want to know if that state, if the move is going to be within in the state or outside the state. If you’re going to be moving within the state of New Jersey, then the question is going to be how far are you moving. The distance between the parents is a factor the court determines when deciding custody and/or parenting time. And so, the farther away you wish to move, the harder it will be for you to do so without the court’s approval. On the other hand, if you’re moving outside the state, there is a completely different analysis. Moving outside the state with the child first requires that you be the primary custodial parent. So, if you’re not the primary custodial parent, custody must be modified. The custodial parent has to make a decision at this point on whether or not it is appropriate to move and the court will look if you have a good faith basis to move and you must demonstrate it will not be harmful to your child to move that far away from the non-custodial parent. In any instance, if you are seeking to move away from the non-custodial parent you should consult an attorney for assistance to understand your rights.

 

If a father terminates his parental rights does he still have to pay child support in New Jersey

Transcript:  In New Jersey, a termination of parental rights also terminates the obligation to
pay child support a father cannot unilaterally terminate his child support obligation or his
parental rights in order to terminate one’s parental rights either the state must initiate that action or the parent seeking to terminate his or her rights must have a third party who can step into the shoes of that parent normally that is a stepparent so if a mother has remarried and decides that her husband is eligible and wants to adopt the child and the biological father chooses he can contact the stepfather and they can by consent initiate an action to terminate his rights but only once there is a final judgment terminating parental rights is there a termination of child support you.

 

I have an order of protection against my ex spouse but my ex spouse continues to call and harass

Transcript: If you’re being harassed by someone against whom you have a final restraining order you should call the police immediately. They will simply arrest the person based upon credible evidence that they have had some form of contact with you. Phone records are usually sufficient in order to prove that there has been some form of contact. The first arrest will result in some form of prosecution and after the first conviction, there is mandatory jail time. If you do not want to go the route of having the person arrested there are other things that you can do. You can return to the superior court and ask for there to be additional restraints placed upon contact with the perpetrator. That can include asking that the person no longer be allowed to communicate with you regarding the party’s children if that was an exception to your
restraining order. It can also include barring the person from having any form of contact with you at locations where both of you may have previously been allowed to visit such as the children schools, temples, churches, and other locations.

 

How can I get a restraining order in New Jersey?

Transcript:  A restraining order can be issued in one of numerous ways. If something happens and you have physical signs of injury on your person, a police officer that is called to a scene where an incident has occurred is required by law to arrest the perpetrated and offer you a restraining order. If there is no physical sign on injury and/or the police are not involved you can apply for a restraining order by either going to superior court between the hours of 8:30 am and 4 pm. Or, if it is after those hours, you can contact the local police department and speak with municipal court judge by phone to apply for a restraining order.

 

Can alimony be modified or terminated in New Jersey?

Alimony can be modified or terminated based upon a substantial change in circumstances. There are certain set points that we look for when determining when alimony should be modified. Typically, we start with looking at a substantial change in the earnings of either of the parties if somebody has a significant increase in their earnings or a significant decrease in their earnings that a court determines to be enduring in nature. Then the court will modify the support in terms o
termination. There are certain things that we look for as well including dates of retirement and if retirement is a good-faith decision on the part of the person paying support as well as relocation and changing your economic needs. If you are determining whether or not you should be seeking to modify support to have it terminated or reduced you should consult an attorney

 

Can a woman be charged with domestic violence in New Jersey?

Transcript: Although it is less common a woman can certainly be charged with domestic violence in New Jersey. Depending on facts and circumstances, the same level of control and power that you find in relationships where the man is accused of domestic violence can also be present in relationships where the woman is the aggressor. If you are a victim of domestic violence whether you are a man or woman, your safety is a paramount concern. You should consult with an attorney or contact the court system to determine if you are eligible to receive a restraining order if you are the victim of domestic violence.

 

What is a guardian at litem?

Transcript: A guardian at litem is appointed by the court to try to assess the circumstances of the child and assist to advocate in the child’s best interest. A guardian ad litem is not a law guardian who is an attorney for your child. The guardian ad litem tries to determine what is best for the child, where the law guardian advocates what is the child’s wishes as well as the child’s interest. You will not have a law guardian in every case involving DCPP. In fact, only a few cases involve a guardian ad litem. However, a law guardian will be appointed in every case.

 

If my husband and I get into a physical altercation but the children are not injured during the incident, can the children be removed from my custody?

Transcript: In order for the division to remove your children from your custody, the division must find that there is an imminent risk of harm to their safety and well-being. Typically in cases where there’s been an incident of domestic violence the children are not removed but rather the alleged perpetrator of domestic violence is asked to leave the home. The division will present you with a safety and protection plan that would require that the alleged perpetrator remains out of the home during the pendency of the investigation. If you choose to sign such a plan the investigation may include evaluations of your children as well as evaluations of you and the alleged perpetrator to determine whether or not your children are at risk of harm. But before signing such a plan you should consult with an attorney to know whether or not you should cooperate because if you choose to cooperate the division investigation may take much longer than if they immediately proceeded to court.

 

How do I enforce a support order in New Jersey?

Transcript: In order to enforce the support obligation in New Jersey, you must return to superior court and file a notice of motion. Typically parties divorce in New
Jersey by a property settlement agreement at the very least there will be a judgment of divorce either or both of those documents must be attached to a
notice of motion. When you file your motion you must explain to the court what provision you are seeking to enforce. Are you looking to enforce more
than one provision? If so you should spell out exactly what has been done and what has not been done with respect to your agreement. You can ask the court if you retain an attorney that the other
party who has violated your agreement pay your attorneys fees. But in either event, you should consult an attorney and ask for assistance with filing your application.

 

If I sign a safety and protection plan and fail to comply will my children end up in foster care?

Transcript: If you do not comply with a safety and protection plan, your children may end up in foster care. This caveat is included on top of the safety and protection care plan form. However, if it is not universally applied. In order for the division to remove your child, they must rely on more than your noncompliance with the safety and protection plan. Before a child can be removed without a court order, the division must find imminent risk of harm. If there is an imminent risk of harm, your child can be removed without a court order and you will be in court within three court days. On the other hand, if there is not imminent risk of harm, the division may apply for the court to remove your child via a court order. But before not applying for a safety and protection plan, you should consult with an attorney to know what the best course of action is.

 

 

How and where can paternity be established in New Jersey?

To find out where paternity can be established in New Jersey, watch the video.

 

For how long is a final restraining order valid?

To know for how long a final restraining order is valid, watch the video.

 

Can spousal support ever be barred in New Jersey?

To find out if spousal support can ever be barred in New Jersey, watch the video.

 

Can a New Jersey court order drug testing of the parents when determining custody

Transcript: New Jersey courts have very broad discretion in terms of ordering drug tests for parents. If there is a reason to believe that one or both of the parents has a substance issue the court may very well order that there be a drug test. However, there does need to be some credible basis for that to be requested. There needs to be some past history of drug use or some concern for future drug used and not simply a bare allegation. If one parent makes the request simply to harass the other parent the court may not be inclined to enter that order. To determine whether or not drug testing is a likely order in your case you should consult with an attorney about your circumstances.

 

Is domestic violence a crime punishable under criminal law in New Jersey?

To find out if domestic violence a crime punishable under criminal law in New Jersey, watch the video.

 

Can child support be reduced in New Jersey if I remarry and have more children with my new wife?

Watch this video to learn about child support if you remarry and have children in NJ.

 

How does domestic violence affect children?

Watch this video to find out the definition of child neglect in NJ.

 

What if both parents agree on child custody and visitation in New Jersey?

Watch this video to learn what to do if both parents agree on child custody and visitation in NJ.

 

How is the amount of child support determined in new jersey?

To know the amount of child support determined in NJ, watch the video.

 

At what age is child support terminated in NJ for a handicapped child who is unable to be gainfully employed ?

To know about child support termination of a handicapped child, watch the video.

 

Can grandparents be awarded custody of their grandchildren in New Jersey?

To find out if can grandparents be awarded custody of their grandchildren in New Jersey, watch the video.

 

Can i move my kids out of state and then get a divorce?

To know if you can move your kids out of state and then get a divorce, watch the video.

 

Can my ex spouse make me pay for a private school for our child in new jersey?

To find out if your ex spouse make you pay for a private school for your child in New Jersey, watch the video.

 

Can my ex spouse make me pay for our childs college education?

If you want to know if your ex spouse can make you pay for your childs college education, watch this video.

 

What happens if we reconcile and want to cancel the divorce?

Transcript: You and your spouse can reconcile and choose to end your divorce proceedings at any point in time. You need only notify your attorneys as well as the judge to let them know that you no longer wish to proceed. You need to formally withdraw your divorce pleadings, including the
divorce complaint, as well as the answer and counterclaim. If you have signed an agreement you need to implement a separate agreement that would revoke the previous agreement. If you’ve negotiated
agreement but neither of you have signed it that should be sufficient in order for you to stop the process. 

 

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