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Articles Posted in Visitation

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New Jersey Appellate Division Vacates Trial Court’s Orders Denying Father Additional Visitation

The 18th century educational writer, W.E. Hickson, is credited with popularizing the proverb: “’Tis a lesson you should heed: Try, try, try again. If at first you don’t succeed, Try, try, try again.”  On June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three…

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Psychological Parents and Tri-Parenting Relationships

In a recently published decision, D.G. and S.H. v. K.S., FD-1386-14S, the Honorable Stephanie M. Wauters, J.S.C., issued what could prove to be a groundbreaking decision as the definition of family continues to develop and evolve with the ever changing times.  The original ninety-six page decision decision was abridged to twenty-two…

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New Jersey Appellate Division Applies the Fugitive Disentitlement Doctrine to Family Law Case Involving Custody

Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary,…

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What’s In a Name? Should Children Be Prohibited From Calling Their Step-Parent “Mom” or “Dad”?

  You know the song: “Here’s the story … of lovely lady …who is bringing up three very lovely girls. . . Here’s the story of a man named Brady who was raising three boys of his own. . . .” Most of us are familiar with the television show…

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Family Court Considers Whether to Enforce Restraints on a Child’s Exposure to Parental Dating Relationships

Frequently, clients come to me complaining that their spouse or partner is exposing their children to dating relationships or conversely ask what should be their response to a spouses objection. Generally I advise that one should follow a common sense approach, meaning one should look at the effect on the children…

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Sorry Dad, Girls Just Want to Have Fun: New Jersey Superior Court Judge Rules That Mother Was Right To Bring Daughter to Rock and Roll Concert

Parental disagreements as to a child’s upbringing are probably about as old as humankind.  Nowhere are these conflicts more prevalent than in today’s modern society where children are bombarded with content from the internet, television, phones and  computers.  Parents often disagree on what content is appropriate and inappropriate for their child to see…

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Appellate Division Affirms Decision to Deny Modification of Joint Legal Custody Arrangement Despite Noncustodial Parent’s Relocation Out of Country

On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa.  In Costa, the parties were married in 1994 and divorced in 2006.  They had two children together, one being born in 1997 and the other in 2000.  By way of settlement agreement entered into…

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Custody Dispute Crackdown…

The Appellate Division recently handed down a clear and unambiguous message to triall courts and litigators alike regarding custody disputes and how they should be handled procedurally, regardless of whether the case is pre- or post-judgment.  The case, entitled D.A. v. R.C., involved the biological parents of a fourteen (14) year…

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Divorce Means Creation of New Holiday Traditions

We all look forward to the holiday season. Traditions developed around holidays build a collective family memory that binds us together uniquely and permanently. We bring the traditions we learn in our childhoods into our marriages and incorporate them with our spouse’s traditions into a new hybrid tradition. We do…

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New Opinion Addresses Divorced Parents’ Disputes Over Choice of Preschool

In yet another recently published decision, in Madison v. Davis decided on June 18, 2014, the Honorable Lawrence R. Jones, J.S.C., sitting in the Family Division of Ocean County, tackled a novel issue related to the rights and obligations of divorced parents when their child(ren) attend pre-school.  Throughout the decision, Judge…

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