Articles Posted in Visitation

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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 IMG_0187June 10, 2016 the New Jersey Appellate Division decided the case of KL-v-DL, in which after nearly three years of continuous litigation, a father succeeded in having the trial court reconsider its prior order relating to additional visitation with his daughter.  The protracted litigation began not long after the divorce complaint was filed on June 14, 2013.   Continue reading ›

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547eb27fd9ff1_-_gays-and-baby-0810-3-lgn[1]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 pages for the published decision in this matter. In this particular case, the Court was presented with a situation the litigants creatively referred to as a “tri-parenting” relationship, wherein three friends agreed to conceive, raise and take care of a child, O.S.H., together as one unit in two households.  Continue reading ›

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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, involved an appeal by the father from the trial court’s June 20, 2014 order denying his motion to vacate a May 1, 2013 default judgment, which awarded the mother palimony and custody of the couple’s twin children, who were born in 2004. The court based its ruling on the facts submitted by the mother because the father did not participate in the litigation. According to the mother, “Before she came to the United States in March 2006, the father purchased a home valued at approximately $1.9 million in Franklin Lakes and paid for substantial renovations to the home. He also provided a nanny, interior decorator and secretary. During this time, [ the father] returned to Europe to conduct business and [the mothejudger] remained in the Franklin Lakes home with the children and the nanny. He subsequently sold the property, and plaintiff and the children moved to Tenafly where the children were enrolled in private school. [The father] continued to provide support to plaintiff from abroad. Continue reading ›

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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 “The Brady Bunch”. In the show, Mike Brady had three sons from a previous relationship (Greg, Bobby and Peter Brady), and Carol Brady, his wife, had three daughters from her previous relationship (Marcia, Jan and Cindy).   They became what is popularly referred to as a “blended family” upon the marriage of Mike and Carol. Carol’s daughters took Mike’s last name and the family became known as “The Brady Bunch.” Mike and Carol’s respective children also referred to their stepmother and stepfather as “Mom” and “Dad”. Continue reading ›

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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 and not rush to judgment automatically, contrary to the position of one’s spouse. I think it is fair to say in general that children should not be exposed to serial partners who are all introduced as mom’s or dad’s new best friend. Continue reading ›

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IMG_1446Parental 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 and hear.  Rock and Roll has been a controversial subject dating back to the 1950s and remains one today.  While the burnings of records of the “Devil’s Music” are no longer taking place on Main Streets across America, many parents still struggle with the idea that the content of the music of the pop stars that their young children idolize is not age appropriate for their child.  The concept is  nothing new and can become further complicated when the parents are divorced. Continue reading ›

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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 at the time of the divorce, the parties agreed the mother would be the primary residential custodian and that they would share joint legal custody of the children. Continue reading ›

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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 old boy each seeking to be designated as the parent of primary residence approximately ten (10) years after entering into a consent order resolving all issues of custody between them.  Continue reading ›

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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 this generation to generation creating traditions and cementing the family across generations. Continue reading ›

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file000421021206In 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 Jones’ primary focus was placed on reconciling the competing interests addressed in cases such as Pascale v. Pascale, 140 N.J. 583 (1995) and Beck (Beck v. Beck, 86 N.J. 480 (1981), neither of which specifically discusses preschool. Continue reading ›