New Jersey Family Law Blog

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State’s two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo’s 2008 landmark case paved the way for this change. Read Matt Friedman’s article here.

In a complicated case involving same-sex unions and surrogacy, a Hudson County judge recently put controversy aside and decided custody of twin girls based on their best interest. All custody cases carry their own complications. If, after reading the following, you have questions regarding custody issues in Hunterdon County, contact the family lawyers at The Rotolo Law Firm in Lebanon, NJ.

This particular custody case involves Donald Robinson Hollingsworth, Sean Hollingsworth and Donald’s sister, Angelia Robinson. Donald and Sean, partners who were married in California, currently reside in Jersey City. The men, wanting a family, entered into a surrogacy agreement with Donald’s sister, under which she agreed to carry a child – or twins, as it turned out – for the couple. The twin girls were conceived through in vitro fertilization with a donor embryo fertilized by Sean. (1)

Following a complicated birth, the men assumed custody of the twin girls, allowing for visitation with Ms. Robinson. In time, however, the relationship between brother and sister deteriorated, eventually winding up in a lawsuit. In 2009 a judge declared Ms. Robinson the legal mother of the girls even though she had no genetic ties to them. (2)

Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family lawyers at The Rotolo Law Firm may be warranted.

Various factors can threaten custodial rights. You can be engaged in a custodial battle with an ex-spouse or you can lose custody to authorities as a result of abuse or neglect allegations. Often in divorce, agreements can be reached whereby parents have shared custody or at least visitation rights. Fighting to regain custody from child welfare authorities can be a different story. One Holland Township couple has found themselves engaged in such a battle for the past two years.

The couple, Deborah and Heath Campbell, lost custody of their three children in 2009 and just this week appeared in court once again – this time to fight for custody of their infant son. (2)

Sometimes things stand in the way of parents’ ability to raise their children – financial distress, illness, substance abuse – to name a few. When this happens, custody can be turned over to someone else: a grandparent, another relative or any trusted adult that has lived with the child. These people are known as “psychological” parents or de facto parents. If, after reading the following, you need a Hunterdon County lawyer that can assist you with a similar situation regarding parental rights, contact The Rotolo Law Firm, located in Lebanon, NJ, which is in close proximity to Clinton, NJ and Flemington, NJ.

By definition, a psychological parent is an adult with whom a child has bonded regardless of any legal, biological or adoptive relationship. (1) However, although custody of a child can be transferred, parental autonomy cannot, according to a ruling recently upheld by the New Jersey Appellate Division. (2)

Parental autonomy is a fundamental right of natural parents. It allows parents to make all decisions with regard to raising their child without fear of governmental interference as long as those decisions pose no threat to the child’s or the public’s order, safety and welfare. (3)