Children

New Jersey Court Orders Retroactive Increase in Child Support Where Motion was Never Filed

June 17, 2007 | Kearns Rotolo Law

Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).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).

Battle Over Nearly $630,000.00 in Counsel Fees

May 31, 2007 | Kearns Rotolo Law

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”.

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Custody Battle – Bobby Brown Sues Whitney Houston

May 18, 2007 | Kearns Rotolo Law

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.

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New Jersey Kinship Legal Guardianship

April 27, 2007 | Kearns Rotolo Law

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

Custody – Dannielynn Hope Marshall Stern

April 14, 2007 | Kearns Rotolo Law

A custody hearing was conducted on April 13, 2007 to determine the custody of Anna Nicole Smith and Larry Birkhead’s baby, Dannielynn. The Court had unfortunately adjourned without a decision, and will resume in one week’s time.

Despite this delay, Howard K. Stern reported that Mr. Birkhead is already doing a great job of changing his daughter’s diapers, and the transition of parenthood has already begun.

Paternity of Dannielynn, Official!

April 10, 2007 | Kearns Rotolo Law

The DNA results are in! On April 10, 2007, the paternity of little Dannielynn, daughter of the late Anna Nicole Smith has finally been proven, it’s Larry Birkhead.

Mr. Birkhead emerged from the Bahamian closed-court hearing on April 10th, smiling proudly, pumping his fist, and throwing his hands in the air in expressions of excitement and apparent relief, telling the skeptical world “I told you so!” The March 21 DNA test confirmed what he had already felt in his heart, that he was in fact Dannielynn’s biological father. Larry%20Birkhead.jpg

New Jersey Child Support: Who Pays?

March 30, 2007 | Kearns Rotolo Law

In New Jersey, someone other than a child’s biological parent can be responsible for making child support payments.

Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v. Ross, 126 N.J.Super 394 (J. & D.R. Ct. 1972).

http://www.childsupportweb.com

Former New Jersey Governor is in a Heated Custody Battle

March 14, 2007 | Kearns Rotolo Law

The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties’ five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1

The amended complaint seeks child support and provides Dina Matos McGreevey, the mother and soon-to-be ex-spouse, with visitation rights.

Presently, Governor McGreevey lives with his partner, Mark O’Donnell.

New Jersey Visitation: Rights of the Grandparent

March 2, 2007 | Kearns Rotolo Law

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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).

Custody Battle Continues — Anna Nicole Smith’s Daughter, Dannielynn!

February 21, 2007 | Kearns Rotolo Law

Shortly after the distressing news of Anna Nicole Smith’s demise, the fight for baby Dannielynn continued on a shocking upward spiral. The potential father list has risen from two to five!

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As previously known, Howard K. Stern and Larry Birkhead were the alleged contenders. The paternity test was postponed from January until February 2007.

However, a strange turn of events has since occurred. Two additional men are contending to be Dannielynn’s father; the bodyguard, Alex Denk, and the prince/Zsa Zsa Gabor’s husband, Prince Frederick Von Anhalt. Additionally, Ms. Smith’s sister alleged Ms. Smith had her late 89-year old husband/billionaire oilman, J. Howard Marshall’s sperm frozen, which has been added to the equation.