Morristown Family Law Attorney Blog

21

Mar 2019

Look Before You Leap When It Comes to Relocating Your Child Outside of New Jersey

Many divorced parents have the best intentions when seeking to relocate their child outside of New Jersey. Indeed, there are certainly cases where a child’s best interest, and even a child’s safety, requires that a parent be permitted to relocate with his or her child outside of New Jersey. However, any parent contemplating such a relocation with their child must first seek permission of the other ...

Posted By Lisa Steirman Harvey, Esq.

13

Feb 2019

Be careful what you put in a settlement agreement!

As family law attorneys, we often stress to our clients the importance of well drafted marital settlement agreements. These documents are meant to be a final resolution of the issues arising out of a divorce, and are treated accordingly by the court when a party asks that they be reassessed or modified. An important principle that divorce clients always need to keep in mind is that a court will ...

Posted By Thomas Bean, Esq.

13

Dec 2017

Appeal Versus Modification

The final hearing is a destination that all parties involved in a family law case dream of reaching. The final hearing means the whole situation is finally at an end and the parties can obtain closure and move forward with their lives. But what happens when the final order does not end up going your way? There are ways to approach “losing” a family law case. The two primary ways to tackle the ...

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30

Nov 2017

Bisbing v. Bisbing - New Guidance on Relocation

Child custody orders are crafted based on what is in the best interest of the child or children. However, as every parent knows, what is best today for a child could very well change next week, next month, or next year. When situations change, a parent can file a request to modify the custody order to reflect what is best for the child under the current situation. One common way this happens is ...

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26

Sep 2017

D.W. v. M.W. - "Little League Parent Syndrome"

Tantrums, yelling, and general bad behavior is the sort of conduct that a parent will expect to see from time to time from young children. Unfortunately, this type of behavior is not always limited to children, and can sometimes even be seen in parents. After a divorce or custody case has concluded, parents have to continue to try to work together for years. If one parent is behaving especially ...

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25

Sep 2017

Credit Rating and Divorce

Divorce will often mean substantial financial change for both husband and wife. Dividing finances and bills can be complicated, especially after a long-term marriage. Both parties will have to create new solutions for their financial futures, often making changes and cuts in several areas. Thought the proceedings and afterwards, these financial changes can create stress for some in terms of their ...

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12

Sep 2017

When is it Time to Modify an Old Order?

The end of a divorce or custody case provides much-needed closure for both the parties, as well as their children. The end of the case and the entry of the final decree marks the time when everyone can start to move forward and start building a new future. However, not all final decrees mean the parties will never again have to return to court. There can be a variety of reasons that the parties ...

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29

Jun 2017

Fighting a Change in Custody

Change following a divorce or separation is inevitable. This is doubly true if you have children with your former spouse or partner, as the child’s needs will definitely change as he or she gets older. As things change, you or your former spouse may start to believe that the last court-ordered parenting plan is no longer workable. If this happens, either party may return to the court and request a ...

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24

Mar 2017

Change of Circumstances for Custody Purposes - How Much is Enough?

Following a divorce or child custody order, both parents must settle into a new routine and create a new life for themselves and also a new pattern for the children. As the children grow and lives change, it is not uncommon for the parents to find that a custody order is no longer workable. If a parent wants a child custody order modified in the state of New Jersey, he or she must prove that there ...

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23

Mar 2017

Enforcement Tools Used by the Courts

After a divorce decree, child custody, or child support order is entered, it often happens that one or both parties stop abiding by the terms of the order. This can be particularly frustrating if the person refusing to comply with the order is doing so willfully or out of spite. Courts are no strangers to parties declining to live by the provisions of a court order. As this is not an uncommon ...

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13

Feb 2017

PARAMOUR CLAUSES - MANTLE V. MANTLE

After divorce or the end of a relationship, most times former partners move on to new connections and romantic interests. New significant others can pose complicated and emotionally charged problems when the former partners share children together. Some couples have what is called a “paramour clause” in their divorce or custody order. A paramour clause is a part of an order that restricts the ...

Posted By Previte Nachlinger

02

Feb 2017

MODIFICATION OF DIVORCE SETTLEMENTS

Since typically at least 95% of cases settle rather than go to trial, most parties will ultimately have a settlement agreement resolving all issues in their divorce. These settlements often benefit both parties in many ways, as it allows the divorce to end quickly, with less cost to the parties, particularly the cost of a trial, and allows them to keep a certain amount of control over their ...

Posted By Previte Nachlinger

23

Jan 2017

MAINTAINING CONTACT WITH YOUR CHILD DURING CUSTODY DISPUTES

Co-parenting is difficult. Helping a child maintain stability and security while shifting between two households is tricky. Common pitfalls and disagreements mean that even parents who typically have an amicable relationship can go through rough patches. During times of discord, it is important to make sure you keep the lines of communication open with your child to keep him or her feeling ...

Posted By Previte Nachlinger

20

Dec 2016

CHILD CUSTODY AND TAKING A CHILD OUT OF THE COUNTRY

The world community is becoming more mobile by the day, with people moving to different countries for work or personal reasons. Relocating out of your home country is an exciting time, but often means leaving behind friends and family. It is quite common for parents to want to take their children back to their home country to visit these friends and family and to enjoy their home culture. When ...

Posted By Previte Nachlinger

21

Nov 2016

WHAT HAPPENS IF MY EX-SPOUSE REFUSES TO SELL THE HOUSE?

The entry of a final divorce decree means the end of a marriage. However, the provisions of a final decree often leave the two parties tied together in other ways, such as child custody, child support, alimony. How to handle the division of the marital residence is no exception. It is not uncommon for the trial judge to order the spouse who is still living in the house to put the house on the ...

Posted By Previte Nachlinger