Your Right to Your Baby. Your Right to a Lawyer.
Posted July 30th, 2016.
Categories: Child Custody, Family Law.
The Supreme Court of New Jersey has again recognized the important constitutional right to appointed counsel in a parental termination case – this time in a case involving a contested private adoption. In The Matter of the Adoption of a Child by J.E.V. and D.G.V., decided July 26, 2016, Chief Justice Rabner, writing for a […]
Read MoreMore Training for Lawyers on Domestic Violence
Posted July 30th, 2016.
Categories: Domestic Violence, Family Law.
Most experienced family lawyers are skillful at handling domestic violence cases, but some of the people on court committees and legislative panels think it may be time for some retraining. They may not be wrong. After all, on August 10, 2015, the New Jersey Prevention of Domestic Violence Act was expanded to include two more […]
Read MoreDon’t make private deals that alter the custody order, without obtaining a new court order.
Posted July 30th, 2016.
Categories: Custody Tips, Family Law.
Here’s a real case that’s happening in my office right now: A father and a mother went to court fighting over custody of their son. They were never married, and had not lived together for an extensive period of time. They were quite young. By all appearances, their anger and uncertainty over the breakup of […]
Read MoreHold a meeting of witnesses a few days before trial.
Posted July 29th, 2016.
Categories: Custody Tips, Family Law.
Child custody trials are usually dominated by the testimony of witnesses. Family members, friends and neighbors, teachers, counselors, church leaders and community members may all be called to the witness stand in a contested case. Unlike civil cases which may rely heavily on documentary evidence or criminal cases which may rely on tangible real evidence […]
Read MoreIf the other parent makes a ridiculous request, ask for attorney’s fees.
Posted July 28th, 2016.
Categories: Custody Tips, Family Law.
Often, one of the parents in a child custody case makes an utterly ridiculous motion. It may be the non-custodial parent asking the court to transfer full custody of the children to him because he heard a rumor that the custodial parent wasn’t feeding them well. Or, it may be the custodial parent asking the […]
Read MoreBefore you die….know this: You can’t give your kids away in your Last Will and Testament.
Posted July 27th, 2016.
Categories: Custody Tips, Family Law.
Many people have the strange belief that they can give their kids away in their Last Will and Testament in the same way they would bequest a car or a piece of valuable jewelry. Children are not property, however, and you cannot simply “will them” to your next of kin or your most trusted friend. […]
Read MoreI Can’t Pay My Bills! Which Spouse Is REALLY In the Better Financial Position?
Posted July 26th, 2016.
Categories: Family Law, The Calculating Lawyer.
Husband and Wife have split up. Now they’re living in two households. And each of them is complaining that they don’t have enough money to pay their bills. Molly, the wife, wants alimony because she cannot pay her rent or her credit card bills in order to sustain her marital lifestyle. Henry, her husband, says […]
Read MoreDoes it really matter who has the most money? Who has the biggest house?
Posted July 26th, 2016.
Categories: Custody Tips, Family Law.
The economic circumstances of the parents are a consideration in determining who gets custody of the children, but they are rarely the main consideration and frequently not even a major consideration. It really doesn’t matter who has the biggest house, the most lucrative job, or the greatest access to financial resources. What matters is whether […]
Read MoreI’ve Been Rear-Ended! How Fast Was That Other Car Going? Here’s the Formula.
Posted July 25th, 2016.
Categories: Personal Injury, The Calculating Lawyer.
So you’re sitting there in your car at the stop sign, obeying the law, and then….whack! You’ve been rear-ended by another driver who was texting his friend about tonight’s important gathering at the local pub. Upon impact, your car careens across the intersection. How fast was the other driver going? Here’s how to figure that out. […]
Read MoreWhat you need to know about the federal parental kidnapping law.
Posted July 25th, 2016.
Categories: Custody Tips, Family Law.
You may be familiar with the Parental Kidnapping Prevention Act (PKPA), a federal law that turns 36 years old this year. You might think that because the PKPA is a “kidnap prevention” act, it can prevent a parent from abducting a child in violation of a court order. You might also think that the law […]
Read MoreHow healthy are the other members of your household?
Posted July 23rd, 2016.
Categories: Custody Tips, Family Law.
One often-overlooked factor in a child custody case is the health of the household. More specifically, a Family Court judge can inquire into how healthy the members of your household are. This includes any family member or resident who comes in regular contact with the children, such as live-in grandparents, half-brothers and half-sisters, other relatives, […]
Read MoreGet out of the smoke: Keep your kids away from chain-smoking parents.
Posted July 21st, 2016.
Categories: Custody Tips, Family Law.
Here’s some first-hand advice about second-hand smoke: If you smoke in the presence of your child, you’re harming you chances for custody or visitation rights. If your ex-husband or ex-spouse is a smoker, he or she is also undermining his/her access rights to the child. In fact, the Ohio Court of Common Pleas, ruled as […]
Read MoreAlimony: How Much Can I Pay Now To Buy My Way Out of It Forever?
Posted July 20th, 2016.
Categories: Family Law, The Calculating Lawyer.
Oh no! The ugly “A” word —Alimony. It may be tax-deductible to the party paying it, and taxable to the party receiving it, but it’s controversial nevertheless. The spouse who is obligated to pay alimony often objects to the process of writing weekly or monthly checks to his ex-spouse, especially if his own financial situation […]
Read MoreDisrespect toward the court can weaken a custody case: Leveraging this point to your advantage.
Posted July 20th, 2016.
Categories: Custody Tips, Family Law.
Many years ago, in Kansas City, Missouri, a mother involved in a child custody dispute took issues into her own hands. The case was Shepard vs. Shepard, and the mother in this case had little respect for the orders of the court. To quote the judge in the case, “If they do not please or […]
Read MoreWho’s watching the kids while you’re at work?
Posted July 19th, 2016.
Categories: Custody Tips, Family Law.
Is it your mother or your father? Is it your overbearing sister? Maybe it’s the texting teenaged tomboy from around the corner. When was the last time you questioned who’s watching your children while you’re at work. In many child custody cases, parents fight hard to win the right of primary custodial parent….and then, they […]
Read MoreBefore you sign off on your custody agreement, consider these financial factors…
Posted July 18th, 2016.
Categories: Custody Tips, Family Law.
How you divide custody and parenting time with the other parent is rarely based on financial considerations alone. Occasionally, however, there are some financial factors worth taking into consideration before you sign on the dotted line. Of course, one should never fight for custody or increased visitation rights on the belief that it will save […]
Read MoreRegister court orders when you move out of state.
Posted July 16th, 2016.
Categories: Custody Tips, Family Law.
Don’t forget to register your child custody and child support orders when you move out of state. Because family law is based on state law, your custody order or support order is not automatically recognized by the other 49 states in the union. If your custody and support orders are actually contained within your Final […]
Read MoreDon’t cry wolf without evidence. Unproven abuse allegations can backfire.
Posted July 15th, 2016.
Categories: Custody Tips, Family Law.
If you suspect that the other parent (or somebody in his or her household) is abusing your child, investigate the matter carefully and discretely. Don’t cry wolf and begin pointing fingers before you’ve double-checked and triple-checked the situation. Of course, you don’t want to ignore any serious allegation of child abuse, whether it’s physical, sexual, […]
Read MoreGet it on the record: Be sure to challenge sidebars and private conferences.
Posted July 14th, 2016.
Categories: Custody Tips, Family Law.
Family courts have good reason for dealing with issues informally from time to time. Family matters, after all, require a human touch. Sensitive issues, involving parents and children, may require some human “massaging” in ways that the formal rules of procedure and rules of evidence cannot always accomplish. Beware! Some family courts tend to break […]
Read MoreDamages for Interfering With Your Real Property Rights. What’s It Worth?
Posted July 13th, 2016.
Categories: The Calculating Lawyer.
When you’ve suffered damages to your real estate involving an income-producing property, it is sometimes difficult to determine exactly how much money you’ve lost. In fact, we often tend to under-estimate our losses by not considering how the timely payment of money goes to work for us. Today’s blog shows you some useful formulas for calculating the loss […]
Read MoreDon’t bring your children to court!
Posted July 13th, 2016.
Categories: Custody Tips, Family Law.
First-time custody litigants sometimes think the judge should hear what their children have to say about the living arrangements. So they dress up their kids and shuttle them to the courthouse — ready to testify about which parent is most fit for the job, and which home they want to live in. Bad idea! Children […]
Read MoreSo Your Tenant Screwed You. There’s a Formula for That!
Posted July 12th, 2016.
Categories: The Calculating Lawyer.
If you’re unlucky enough to have rented property to a tenant who didn’t pay you or who destroyed the property, there’s a formula for calculating your actual losses. In fact, there are a number of handy formulas for the damages suffered by property owners due to the loss of rental income. These formulas can be applied whether the losses result […]
Read MoreDon’t relinquish custody for an extensive period of time
Posted July 12th, 2016.
Categories: Custody Tips, Family Law.
Life happens, and sometimes it becomes necessary for a parent to give up custody of the children for a period of time. Illness, family issues, work emergencies, and other personal developments may make it necessary for a biological parent to relinquish custody of the children to the other biological parent or to a family relative […]
Read MoreIf you relinquish in custody, don’t just get it in writing. Get a court order.
Posted July 11th, 2016.
Categories: Custody Tips, Family Law.
If a crisis befalls you or your family and it is necessary to give up custody of your children for a short time, don’t settle for a flimsy written agreement between you and the person to whom you give the children. Too often, parents sign a notarized agreement with a relative or a friend, indicating […]
Read MoreDon’t let new spouses assume the role of new parents, at least not too quickly.
Posted July 10th, 2016.
Categories: Custody Tips, Family Law.
When a parent who has custody of the children remarries, the new spouse may be inclined to step into the shoes of the other parent. If the other parents is missing in action, then a new spouse may provide a richer, more complete family environment for the sole custodial parent. In such cases, a new […]
Read MoreKeep an eye on the other parent’s driving record
Posted July 9th, 2016.
Categories: Custody Tips, Family Law.
A bad driving record can be a big problem for a parent who has child custody or visitation rights. Speeding citations, careless driving, reckless driving, or worse yet, driving under the influence of alcohol — all of these offenses paint a scary picture about the parent’s level of responsibility behind the wheel. If the other […]
Read MoreThe Tender Years Doctrine is Officially Dead, But…
Posted July 8th, 2016.
Categories: Custody Tips, Family Law.
Many years ago, there was a rule known as the “Tender Years Doctrine,” by which the court presumed that the mother was the best person to be awarded custody of a young child. The theory was that young children, in their tender years, would best be cared for by their biological mothers. The tender years […]
Read MoreNever trade away custody or visitation rights for property
Posted July 7th, 2016.
Categories: Custody Tips, Family Law.
It may seem strange to some parents, but occasionally when parents reach an impasse in dealing with their custody or visitation arrangements, one parent agrees to concede his rights in exchange for a financial benefit or an award of property. Assume for example that a custodial parent is fighting with her ex-husband over how often […]
Read MoreDon’t delay reporting instances of abandonment and neglect.
Posted July 6th, 2016.
Categories: Custody Tips, Family Law.
Timing is everything when it comes to reporting instances of abandonment, abuse or neglect by the other parent in a child custody case. If a parent is guilty of a minor indiscretion (or even a more serious act of parental misconduct), it must be reported or acted upon right away or it may be of […]
Read MoreIf You’ve Mastered the Magic of 72, You’re Ready to Seize the Secret of 70!
Posted July 6th, 2016.
Categories: The Calculating Lawyer.
Yesterday I spoke about the Rule of 72, a convenient rule of thumb for calculating how long it will take to double your money (or your client’s money) invested in a particular project or purchase. If you missed yesterday’s blog, I encourage you to check it out. You’ll need to give yesterday’s blog a quick read […]
Read MoreAvoid cocktail party advice about custody and parenting time.
Posted July 5th, 2016.
Categories: Custody Tips, Family Law.
Behind the scenes, when lawyers are talking shop, one of the things they gripe about most are the clients who take advice from everybody but their attorneys. The most dangerous client, they say, is the one who listens to friends and strangers at cocktail parties, and then assumes the experiences of others in family court […]
Read MoreHappy Financial Independence Day! How Long Will It Take to Double Your Money?
Posted July 5th, 2016.
Categories: The Calculating Lawyer.
The 4th of July is a perfect day to think about your independence — your financial independence, that is! So, what if you wanted to double, or triple or even quadruple your money. How long would it take to do that? There’s a handy formula for figuring it out in a matter of seconds. All […]
Read MoreTake the Whole Neighborhood to the Fireworks.
Posted July 4th, 2016.
Categories: Custody Tips, Family Law.
In a child custody case, one parent generally has custody or visitation rights on Independence Day. Like Memorial Day and Thanksgiving Day, our national anniversary on July 4th is often one of the holidays which parents bargain for – or fight over – in a custody dispute. If you have your child on July 4th, […]
Read MoreInvite the in-laws…..and your custody case will grow stronger over time.
Posted July 1st, 2016.
Categories: Custody Tips, Family Law.
It may seem contrary to popular experience, but inviting your mother-in-law and father-in-law to partake in child-related events may help you to win your custody case. Indeed, keeping the in-laws in the loop is evidence of your greater appreciation for maintaining a relationship between the children and their grandparents. In many families, we find friction […]
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