New Jersey Family Law Blog

Paternity testing can cost up to $500, not including attorneys fees, should you desire representation.

If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey Parentage Act.

There are certain instances where paternity is presumed.

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In a recent New Jersey case, a mother's parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child's father).

The Division of Youth and Family Services, more commonly known as DYFS, files for termination of parental rights. By clear and convincing evidence, DYFS must show the following: (1) the child's safety, health, or development is endangered by the parental relationship; (2) the parent is unwilling or unable to eliminate the harm facing the child; (3) DYFS made reasonable efforts to provide services to help the parent; and (4) termination will not do more harm than good.

Continue reading "New Jersey: Termination of Parental Rights" »

Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).

Continue reading "New Jersey Visitation: Rights of the Grandparent " »

As the custodial parent you might think that since the children are under your care and control that as long as you provide them with a warm loving environment it does not matter whether you relocate to another state.

This is not the case. New Jersey law prohibits a custodial parent from moving with the parties' children outside the state without court order or the non-custodial parent's consent.

If the non-custodial parent does not consent to the move, the custodial parent must file a motion asking the Court to relocate. The Court will consider whether the children will suffer from the relocation, whether a relationship will be maintained with the non-custodial parent, and whether regular visitation is possible.

Continue reading "Custody: What You Should Know Before You Leave New Jersey " »

Let's face it - sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother's recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant's rights. There are many ways to enforce support orders and/or agreements.

May the custodial mother prevent her ex from seeing his children? Quite simply, the answer is 'no'.

Make no mistake about it, a father's refusal to pay child support is frowned upon. However, it is not up to the custodial mother to decide in what manner to best enforce support, especially if the actions affect children. This issue should be handled by the Courts.

Continue reading "New Jersey Child Support and Visitation: Is There a Connection?" »