A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and that the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a…
On May 3, 2018 the New Jersey Appellate Division published the case of DCPP VS. T.D., R.C. AND R.G., IN THE MATTER OF THE GUARDIANSHIP OF M.G., B.C. AND A.G. (FG-20-0040-13, UNION COUNTY AND STATEWIDE)(CONSOLIDATED) (RECORD IMPOUNDED) (A-4918-15T1/A-4923-15T1), an Opinion affirming the trial court’s decision to not terminate the parental…
For the third time since 2012, the New Jersey lawmakers have passed legislation that would allow persons to enter into gestational carrier agreements; namely for the intended parents to enter into a contract with a woman 21 years of age or older to become pregnant by assisted reproductive technology…
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 in the same home. The women came before King Solomon, each claiming to be the mother of the…
In the case of Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016), the Appellate Division addressed a dispute involving parents who entered into a consent order establishing rights to grandparent visitation but then later wished to abrogate those rights. In this case, a motion was brought by the mother…
On August 15, 2017, the New Jersey Appellate Division approved for publication the decision in the matter of E.S. v. H.A (A-3230-14T2 and A-3256-14T2), in which the Appellate Division addressed whether a parent may be required to admit to a crime as a condition for that parent to be able to make…
Nothing is more precious to us than our children. The Supreme Court of the United States has established the right to know one’s children as a fundamental Constitutional right. In New Jersey the right to know and raise one’s children is firmly entrenched in statutory and case law. In our mobile society…
Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13). In this published opinion the court addressed issues of jurisdiction in a custody and parenting time dispute where one party had relocated with…
I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained…
There is a saying among realtors that the first offer is usually the best offer. Why is that? Because the first offer is made when the property is freshly on the market. When real estate sits buyers become suspicious. There is also the cost of holding the property to factor…