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Articles Posted in Parenting Time

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OPEN DURATION CHILD SUPPORT

In 2014, the New Jersey divorce statute, NJSA 2A: 34-23 as it pertains to the issue of spousal support or alimony was substantially modified. One such modification dealt with the vexing question of what the duration or term of the obligation to pay alimony should be. While a prior amendment…

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Dear Santa,

Dear Santa: I know I wrote to you in October asking you for just a few things for Christmas. I know you are busy and that kids all over the world need you more than ever. I was looking forward to Christmas when Uncle Harry always come dress like you…

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Co-Parenting in a Pandemic: Help for Divorced or Separated Parents

Co-parenting children when parents are separated or divorced can be challenging in normal circumstances.  One would agree, however, that times are not normal.  The country is in the midst of a pandemic due to the COVID-19 virus.  Governor Murphy has closed schools and many business, and he has directed that…

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Can a Noncustodial Parent Object to a Custodial Parent Moving Within the State of New Jersey?

Various blogs have been written by members of our firm about situations where a custodial parents wants to move with the parties’ children to a state other than New Jersey.   Can a custodial parent live wherever he/she wants within the State of New Jersey?  Can a non-custodial parent ask a…

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Which Parent Bears the Burden of Proof in New Jersey as to Relocation AFTER a Parent Has Already Moved From New Jersey With the Parties’ Children?

In enacting New Jersey statute, N.J.S.A. 9:2-2, the Legislature established a mechanism and procedure for a divorced or unmarried parent when seeking to move with one’s children outside the state of New Jersey.  The statute provides: “When the Superior Court has jurisdiction over the custody and maintenance of the minor…

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New Jersey Appellate Division Addresses How Courts Should Handle Complex Custody Disputes in Non-Dissolution Cases

It is not uncommon as a family law practitioner to experience a difference in the way the family courts handle cases involving the children of divorced or divorcing spouses (where they are matrimonial cases bearing an “FM” docket number) in the dissolution unit, and children of non-married parents in the…

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Enjoying the Holidays With Your Children When You are Newly Divorced or Separated

For family law attorneys, it’s beginning to look a lot like Christmas . . . fights over holiday parenting time.  The holiday season is often a time of stress, and sometimes of sadness, for everyone.  For separating or divorcing parents or newly divorced parents, fighting over how to divide holiday…

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Economic Recovery in New Jersey for One Parent Where the Other Parent Does Not Exercise Parenting Time

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…

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Is the Law in New Jersey Drifting Towards a Presumption of Joint Physical Custody and Parenting Time?

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…

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Allocating Parenting Time With a Breastfeeding Child

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  time between divorced or separated parents of a child who is still breastfeeding poses issues not just with overnight parenting time but…

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