“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give way to the pre-existing duty which runs between spouses who have been in a marriage which has failed.” Deegan v. Deegan, 254 N.J. Super. 350, 358-59.
A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children, the appeals court said.
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.
Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor.
Your obligation will certainly change if your ex becomes a recipient of TANF, i.e. welfare. TANF stands for Temporary Assistance to Needy Families.
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.
On June 15, 2007, former Baywatch star and singer, David Hasselhoff won full and physical custody of his two teenage daughters, 14 year-old Hayley and 17 year-old Taylor-Ann.
His ex-wife, Pamela Bach, has been granted alternate weekends and on Wednesday nights for dinner.
Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).
The parties had one son together. They divorced agreeing to joint custody with mother having primary residence.
Eleven years after the divorce, in November of 2001, the Middlesex County Board of Social Services notified both parties that either could seek a review of child support. The mother notified the board that she was interested in the review.
Thereafter, the father was notified by the Board that it was gathering his financial information from his employer. The board filed a motion to increase support on November 7, 2003, and then again on November 25, 2003 asking the court to make the increase retroactive to November 25, 2001(the date of the original notice).
Larry Birkhead, the biological father of Dannielynn, is not entirely done fighting. Debra Opri, Esq., Mr. Birkhead’s former attorney alleges she was not paid $620,492.84 in fees resulting from her representation of Mr. Birkhead during his custody dispute.
On May 29, 2007, Ms. Opri allegedly filed court documents with the Los Angeles Superior Court for all of her travel expenses, expensive lavish dinners, and even for expenses associated with her husband, whom traveled with her, in addition to her “usual hourly rate” of $475.00 per hour, court filing fees, subpoena costs, deposition costs, accounting and appraisal fees, etc. Ms. Opri stated “legal services entailed hundreds of hours of work”.
On April 26, 2007, Bobby Brown filed a lawsuit against ex-wife Whitney Houston in an attempt to change the custody terms as to their 14 year-old daughter, Bobbi Kristina. In addition to the shared custody, he is seeking child support and spousal support. A court date has been set for June 15, 2007.
N.J.S.A. 3B:12A-6 Appointment of caregiver as kinship legal guardian
New Jersey Courts can appoint a child’s caregiver the legal guardian of that child.
http://www.lsnj.org/keyRecentDevelopments/KinshipLegalGuardianship2.htm
http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes
New Jersey Family Law Blog