Our family law and divorce law firm’s motto has always been “kids first.” Similarly, New Jersey Family Part courts will always consider the best interest of child paramount to any other consideration. As the focus of our lawyers as well as a judge of a N.J. Family Court is always the best interest of the child. Sadly, there are times that a judge the will order a parent and children to take part in therapeutic supervised visitation before reinstating visitation rights. Unfortunately, many times even therapeutic supervised visitation, facilitated by a professional, is not enough heal the wrongs that may have been committed in the past. In C.H.G. v. G.C.R., mother G.C.R. appealed an order of the Superior Court of New Jersey, Family Part of Passaic County dated February 10, 2015, that vacated a previously entered order that allowed for therapeutic supervised visitation between her and her two sons, born in January 1999 and November 2001. After review the New Jersey Appellate Division affirmed the order of the Family Part.
A divorce can be extremely stressful, especially at trial before a judge. As a seasoned divorce attorney I know how important it is not only to follow all orders but also embrace that some folks simply cannot control their emotions. Over the years as a New Jersey divorce and child custody lawyer, I have learned to advise my client’s to control their emotions and to even consider therapy if they find that they are struggling to do so. I do this for many reasons. First, any attorney knows that their client’s demeanor during a child custody battle is essential, especially towards a child custody expert who had been appointed by a New Jersey Family Court. Second, you do not need to be an attorney to know that abusing or intimidating a child custody expert can only cause damage and have absolutely no positive effect on the case. Finally, a judge of the Family Part, Superior Court of New Jersey not only takes their orders very seriously, but will also protect an expert (who is simply just doing their job) from being mistreated. Otherwise, this parent could be held in contempt of court, which as very serious consequences. [Read more…] about Abusing A Child Custody Expert May Result In Contempt Of Court
Throughout my years as a New Jersey divorce lawyer, I have had handled many cases in which the parents cannot agree on even basic of decisions involving their children. In recent years, when I am handling child custody and/or parenting time issue that poses this type of animosity between the parents, I advocate the parties engaging a parenting time mediator (or coordinator). Simply put, a parenting time mediator is a licensed and professional child psychologist or a family law attorney who helps two parents, “get back on the same page,” so to speak. [Read more…] about If I Agree To Use A Parenting Time Mediator, Is It Mandatory That I Do So Before Going Back to Family Court?
It is quite challenging for even the most seasoned New Jersey child custody lawyer to win on a motion for reconsideration, but not impossible. Many judges see motions for reconsideration as a chance for an unhappy party to complain and re-litigate issues that have already been decided. Additionally, many courts believe that motions for reconsideration are an unnecessary waste of the court’s time and legal fees to the client. Keeping this in mind, it is important for a motion for reconsideration to be drafted by your lawyer with the utmost care. The motion should include the specific controlling cases or legal errors that the person believes that the court has overlooked or erred. Our state has some of the most careful and dedicated judges in the country, but mistakes do happen. Even Superior Court judges are not immune from making a mistake. This is why it is so important to be represented by a competent and experienced attorney who can draft a successful motion for reconsideration in case a mistake does happen.
Over the past twenty years that I have been practicing family law in New Jersey, the concept of a nuclear family has drastically changed. In the old days, the family consisted of a mother and a father, and their children. However, this is not necessarily the case anymore. Today, same sex marriage is allowed in New Jersey. Therefore, children may have two mothers or two fathers. Additionally, not only has the divorce rate has gone up over the years, but also many divorcees are remarrying. When that is the case, the children are introduced to stepparents, yet another way the classic nuclear family has been altered. Moreover, as a New Jersey family lawyer, I understand that the nuclear family has been modified by some of the changes of psychological parents in New Jersey child custody law. Let’s explore.
A psychological parent is a person with a close relationship to the child that basically assumes the role of a parent. He or she fulfills a child’s needs and provides the necessary support so that the child’s best interests are met. Sometimes, psychological parents easily take on this role with the natural parents’ blessing. However, this is not always the case. In the most recent Appellate Division case of K.A.F. v. D.L.M., the court addressed the issue of whether a child’s natural parents must consent to a third party asserting that he or she is a psychological parent to the child.
It is always regretful when two parents are unable to put the best interests of their children above their own “needs.” As a New Jersey divorce and child custody lawyer, all too often I see two parents who cannot agree on even minor, “day-to-day” decisions as they attempt to co-parent their child although they are no longer an intact family. In such cases, my law firm often highly recommends hiring a parenting time coordinator and memorializing this agreement in a Court Order that is then executed by a judge of the Superior Court of New Jersey. So what is a parenting time coordinator?