Category: Child Custody
Self-Emancipation of a Teenager
In Ort v. Ort, 428 N.J. Super. 290 (Ch. Div. 2012), the parties’ daughter sought a formal Order of emancipation from both of her parents. She retained her own attorney and asserted that she wished to be emancipated from her parents so that she could legally be her own person and make her own independent […]
If I Surrender My Parental Rights, Do I Still Have Visitation Rights?
When a parent agrees to voluntarily surrender his or her parental rights, the right to visitation with that child is generally terminated. As demonstrated in a recent New Jersey Appellate Division decision, a parent who has surrendered their parental rights has a significant legal hurdle if they wish to establish a visitation schedule with the […]
Does a Disabled Parent Have to Pay Child Support?
Under New Jersey law, both parents are obligated to contribute to the support of their child. The payor’s child support obligation may be modified if he or she has experienced “changed circumstances,” which includes major health issues or permanent disability.
Imputing Income to a Divorced Parent Who Is Voluntarily Underemployed or Unemployed
New Jersey law provides that both parents must pay basic child support plus certain add-on expenses. While a Court or the parties may decide how much each parent pays initially, that amount may later be modified if a party has experienced “changed circumstances,” which include job loss or obtaining a higher paying job. When the Court finds that a party is voluntarily underemployed or unemployed without just cause, the Court has the discretion to impute income to that parent based on certain criteria. A recent appellate decision illustrates this point.
Do I Need Permission to Move Within New Jersey With Our Child?
Parental relocation is a difficult issue for parents and courts to resolve. If one parent wants to move over the objection of the other parent, the moving parent must convince the court that he/she should be able to relocate with the children over the non-custodial parent’s objection. Until recently, there was a significant difference in New Jersey law for custodial parents intending to relocate out-of-state versus custodial parents intending to relocate within New Jersey. Now, according to the Appellate Division in the case of A.J. v. R.J., a custodial parent who intends to move must demonstrate that the move is in the child’s best interest, regardless of whether the move is in-state or out-of-state.
Can I Modify My Child Custody and Parenting Time Order After Divorce?
If your divorce involved children, the New Jersey Courts required you and your former spouse to resolve legal custody and parenting time issues. No matter how much thought went into your custody and parenting time plan, however, it is not unusual for parents to seek modification(s) after the divorce. A recent New Jersey Appellate Division case highlights the challenges that come with modifications of parenting time Orders.
