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When custody disputes arise, I often consider the Biblical narrative, 1 Kings 3:16-28,  which tells the story of how King Solomon resolved a custody dispute of sorts between two women who lived 296050aba1c021ff4a7e4cab0ed498d2-3-300x200 in the same home.  The women came before King Solomon, each claiming to be the mother of the same baby boy.   King Solomon called for a sword and rendered his judgment:  He would cut the baby in two so that each woman could receive half.  The first woman did not contest Solomon’s decision, arguing that if she could not have the baby, then neither woman could.  The second woman begged King Solomon to give the baby to the other woman instead of killing the baby. King Solomon declared the second woman as the infant’s true mother, reasoning that as a mother she would give up the baby if she had to in order to save his life.

In custody cases, I often see  people come in with some preconceived notion about how they think family court judges handle custody cases.  Some, for instance, are of the false believe that mothers are presumed to have primary custody of children and that they come in “ahead” somehow in a custody dispute.  That is not the case.  They also believe that it is presumed that fathers are going to then have limited time with the children.   Neither is the case.   New Jersey’s custody statute, N.J.S.A. 9:2-4, states the Legislature’s policy is to “assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy”.  The statue also states that “In any proceeding involving the custody of a minor child, the rights of both parents shall be equal . . .”.

Some litigants when they come in think that there is a presumption that the children will be “split in half” so to speak – as King Solomon suggested, and that this is done by splitting the time with the children in half, like splitting a bank account.  There is no such presumption in New Jersey of 50/50 parenting time.   Equal parenting time is an option for the family court under the existin custody, statute but it is not presumed.

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More and more women are choosing to exclusively breastfeed given the reports as to the superior health benefits, not just physically but psychologically, of breast feeding.  Arranging parenting file000956778186-225x300 time between divorced or separated parents of a child who is still breastfeeding poses issues not just with overnight parenting time but daytime parenting time as well. Children who are exclusively breast-fed may reject a bottle.  Nevertheless, there is an argument that the child should be given breast milk from a bottle during parenting time. After all, not only should the child receive the best nutrition, but also facilitating a relationship with the father at the earliest age possible is in the child’s best interest. Continue reading

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On November 8, 2017, the New Jersey Appellate Division issued the unpublished opinion in the domestic violence case of J.R. v. C.R. (A-4936-15) affirming the issuance of a final restraining order (FRO) entered against J.R. who was in a dating relationship with C.R. Here, C.R. obtained a temporary restraining order (TRO) on the grounds of harassment and assault based upon an alleged predicate act of domestic violence that occurred on February 29, 2016.  The parties testified that although they had broken off their relationship several times, they were involved in a long-term dating relationship. Continue reading

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file0001610872997-212x300Marriage is not as popular as it once was.  Based on 2011 data available to the Pew Research Center, barely half of all adults in the United States were married, which was a record low.  In 1960, 72% of all adults ages 18 and older were married.  Contrast that with 2011, where only 51% of adults aged and 18 older were married.  In addition to higher incidences of divorce and cohabitation  in this century, as compared to 1960, another significant reason for the decline in the overall number of married adults, is that people do not marry as young now as they did in 1960.  Continue reading

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In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two of the most significant and substantive new Rules which were adopted in this current cycle. Continue reading

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For many years Palimony actions were proliferating. Spurned on by the original landmark palimony case filed against actor Lee Marvin by his former girlfriend in California. palimony actions gave e3bc10d77963468f2705f7119c049b73-300x199 hope that people (usually women) in long term relationships without marriage would have some financial rights when the romantic relationship went sour. Palimony served a useful social function to level the proverbial social playing field once the concept of “common law marriage” was eliminated. For Palimony created legal right of support in situations were there was no legal marriage but there was a promise of support. Continue reading

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It is not unusual to question whether a litigant seeking a final domestic violence restraining order is permitted to testify about a prior domestic violence restraining order that was dismissed whenfile000388004075-1-200x300 outlining a couple’s prior history of domestic violence for a court.    In M.D. v. P.D.(A-2054-15T, October 13, 2017), an  unpublished opinion decided this week, the Appellate Division upheld the trial court’s decision to allow the plaintiff to testify about the acts of domestic violence that were in a previous domestic violence complaint that had been voluntarily dismissed when the parties entered into a consent order agreeing to impose civil restraints against the defendant. Continue reading

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Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that have been approved by our Supreme Court to the Rules Governing the Courts of the State of New Jersey. Unlike last year, a number of these recent Rule Amendments directly impact upon Family Part Practice. A number were in response to statutory changes that recently went into effect. In light of the number involved, I will summarize and discuss these Amendments over the course of several blog posts. Continue reading

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e3bc10d77963468f2705f7119c049b73-300x199On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence before trial, to seek an eve of trial dismissal of a litigant’s pleadings. Continue reading