The long-running battle that has pitted the rights of adoptees to have access to their birth records against birth parents’ rights to privacy may soon come to an end in New Jersey. A bill ending that battle was approved by the New Jersey State Legislature earlier this month and now…
New Jersey Family Law Blog
Paying Parent Has Right to School Records
Issues of privacy between parents and children can be very sensitive matters, with parents trying to balance their desire to support and protect with their children’s rights. Sometimes, however, a parent’s right to know can supersede the child’s privacy rights, as illustrated in the recent New Jersey case of Van…
Should Your Right to an Attorney Pertain to Child Support Cases?
Anyone who has ever watched a TV police drama is familiar with the line “. . . You have the right to speak to an attorney . . . If you cannot afford a lawyer, one will be provided for you at government expense.” (1) The question currently being considered…
Does New Jersey Need to Update Its Definition of “Mother”?
Imagine availing yourself of all the advancements in reproductive technology in order to conceive the child you thought you may never have just to have the courts say you haven’t earned the title of “Mom.” That is exactly what has happened to a Union County couple now fighting to update…
She Gets the House, He Gets the Cars, But Who Gets Rover?
Deciding the fate of the family pet in a divorce is a little more complicated than deciding who gets Great Aunt Sara’s heirloom trinkets, yet most states consider pets as mere property. New Jersey, however, is one state that recognizes the uniqueness of pets and the sentimental value we attach…
N.J. Court Denies Visitation Rights to Brazilian Grandparents of Tinton Falls Boy
Divorce not only separates the nuclear family – father, mother, child – but it can have ramifications for the extended family as well. The grandparent/grandchild relationship is one that can often suffer from the dissolution of a marriage. Since the 1970s, a number of states have passed laws recognizing grandparents’…
State Supreme Court Agrees Trial Court Judge Erred in Denying Custodial Parent’s Request to Relocate
A New Jersey statute designed to protect the rights of non-custodial parents and their children and maintain their relationship may have unfairly affected the rights of custodial parents, but case law is changing to address this inequity. This situation came to light recently in the case of Morgan v. Morgan,…
Halle Berry Involved in Heated Custody Battle Proving Even Amicable Splits Can Turn Sour
When actress Halle Berry and Gabriel Aubry called it quits last April, reports claimed the split was amicable. The couple was even seen enjoying outings together with their young daughter. Now, however, the two are involved in a bitter custody battle. With each flinging accusations aimed at proving the other…
Can Reading Other’s Emails Be Criminal?
It used to be couples embroiled in divorce battles would hire private investigators to collect evidence against each other. In this digital era, however, more people are relying on electronic means to snag their spouses in compromising situations. The ramifications of this are unclear. In Rochester Hills, MI, a man…
Are Children Conceived Posthumously Eligible for Survivor Benefits?
Social Security insurance provides survivor benefits for dependent children of deceased workers to help compensate for the loss of financial support. Dependent children are defined as unmarried and under age 18 (19 if still full-time high school students). But are children conceived after the death of a parent eligible for…