Articles Posted in Other Family Actions

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In 2004, Massachusetts became the first state in the United States to recognize same sex marriage.  Numerous states thus enact differing laws regarding the ability of same sex couples to marry infile000224065590-300x200 their states, with numerous states  passing laws to ban same sex marriage, and various states over the years, voting to allow same sex marriage.  Some states began to allow same sex couples to enter into “civil unions”.  New Jersey did so in 2006.  In 2012, Governor Chris Christie vetoed a potential law in New Jersey that would have allowed same sex marriage. Continue reading

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In modern society, it is common for unmarried couples to live together without being married.  When an unmarried cohabiting couple separates, however, the rights to equitable distribution and6a3146dbdf81597192112ac03d77c7e4-300x200 alimony does not exist.  No matter how long an unmarried couple has lived together, they do not have the legal rights and protection that divorcing couples enjoy.  Cohabitating, unmarried couples also do not enjoy the rights and protections that married couples having during their marriage, such as filing joint tax returns; receiving distributions from estates free of estate tax; receiving survivor’s benefits from retirement plans and Social Security; obtaining “family” health insurance, dental insurance, and other employment benefits; and automatically sharing in his/her partner’s property in the event he or she dies without a will. Continue reading

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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 without the use of her own egg, and to surrender custody of the child to the intended parent immediately upon birth, and considered neither an adoption nor termination of parental rights, as long as the requirements of the statute are strictly adhered to. While two prior legislative attempts were vetoed by then Gov. Christie, it is expected that this Baby-M-movie-300x238current legislation (S482) will be signed by Gov. Murphy soon and become law. Many people continue to refer to the agreements covered by the statute as “surrogacy contracts”, and that they would in effect overturn the Supreme Court ruling in Matter of Baby M, 109 N.J. 396 (1988) which deemed such surrogacy contracts invalid. Continue reading

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This past week the New Jersey Appellate Division issued an unpublished opinion in the case of V.J.C vs. M.V. (docket no. A-4587-15T3).  In this case the defendant appealed from a final d744f80a269bdfa75c34d7830ed52c13-300x200restraining order (FRO) entered by the trial court in favor of plaintiff pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. The defendant claimed that the trial court abused its discretion in denying his request for a short adjournment of the April 14, 2016 hearing until his attorney could arrive at the courthouse. The series of events that led to the defendant being in court that day are as follows.  Continue reading

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In the published opinion in the matter of Division of Child Protection and Permanency v. T.U.B. & J.E.C., (A-2565-15T2) the trial court terminated the Defendant’s parental rights in a Title 30 DSC2330-300x200guardianship case based upon the admission of hearsay statements by children about corroborated allegations of abuse or neglect pursuant to N.J.S.A. 9:6-8.46(a)(4). The hearsay statements made by the children involved allegations of sexual abuse that were later in part recanted by one of the non-testifying child declarants. Continue reading

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image1-232x300On Friday, billions of people around the world observed the Christian Holy Day of Good Friday. It marks the day that the Trial of Jesus of Nazareth occurred and when he was sentenced to death for failing to deny that he believed himself to be the Son of God. Christians believe that Jesus willingly suffered and died by crucifixion as the ultimate sacrifice for the sins of humanity (1 John 1:10). Easter Sunday celebrates Jesus rising from the dead, an event which is referred to as the Resurrection. Set in the springtime every year and often close to the Jewish Holy Day of Passover, Easter symbolizes a time of rebirth and renewal. Holy Thursday, which occurred yesterday, marks the event of the Last Supper of Jesus and his Apostles, during which the group were celebrating a Passover Seder when Jesus informed the group that he would be betrayed by his followers. Continue reading

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The Violence Against Women Act (VAWA), 42 U.S.C. § 13701 et seq., is a United States federal law that was originally passed in 1994 and was reauthorized in 2013 in which the spouses and children and parents of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency in the United States. The Immigration and Nationality Act (INA) is the law that governs immigration in the United States. The VAWA provisions relating to immigration are codified in section 204(a) of the INA. Rules published in the Federal Register explain the eligibility requirements and procedures for filing a self-petition under the VAWA provisions. People who may apply include: (1) a spouse of a U.S. citizen or lawful permanent resident; (2) a child of U.S. citizen or lawful permanent resident; (3) a spouse of U.S. citizen or lawful permanent resident who’s child has been battered or subjected to extreme cruelty for the reason bANGEL-13-144x300eing that a parent files for self-petition based on abuse of the child but both parent and child benefit; and (4) parent of a U.S. citizen . It is important to note that, despite its title, the VAWA is applicable to both men and women although spouses of undocumented foreign nationals cannot self-petition. Continue reading

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On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E.file000626018085-300x225 is the mother of R.S. now age nine.  V.E. appealed an administrative finding of the New Jersey Division of Child Protection and Permanency  (“DCPP) that “established” a finding of abuse or neglect without her first being given an evidentiary hearing. The Appellate Division reversed the decision of the trial court to not afford V.E. a plenary hearing “because an established finding is a finding of child abuse or neglect under N.J.S.A. 9:6–8.21(c)(4), subject to disclosure as permitted by N.J.S.A. 9:6–8.11a(b) and other statutes, due process considerations require a party against whom abuse or neglect is established be afforded plenary administrative review. The agency’s denial of an administrative hearing is reversed.” Continue reading

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Domestic-violenceThe time period in the lead up to and immediately after a couple separates is more likely than not rife with conflict. Unfortunately, the conflicts, whether verbal and/or physical, can rise to the level of abuse that is tantamount to domestic violence. Recently, a New Jersey family court in Ocean County issued an unpublished opinion is the case of AS-v-VS, FM-15-923-17, which is illustrative about how a family court judge handles a domestic violence complaint, especially in proximity to the filing of another family court matter. Continue reading

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The Presidential election is about a month away, and one of the major issues of this election has been immigration.   Immigration is regulated under federal law, chiefly under the Immigration and

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Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control Act (IRCA), which was passed by the U.S. Congress in 1986 in an effort to curb illegal immigration.   The U.S. Supreme Court has has almost universally overruled any state’s efforts to regulate immigration, not only based upon the Supremacy Clause of the U.S. Constitution, but also to ensure a national standard on immigration rather than various patchwork laws by the individual states.  Family law, however, is an area that falls into the control of the individual state’s authority to legislate and govern. Continue reading