Articles
Articles in the ‘Custody’ Category
What’s In a Name?
The parties had joint legal custody. Trial court permitted parent primary residence (PPR) to change the child’s surname. The Appellate Division reversed holding best interests standard applied and not a presumption that PPR has priority in naming a child. Emma v. Evans, New Jersey App. Div., January 20, 2012
Psychological Parent and Custody
This case demonstrates exceptional circumstances wherein a court may grant custody of an unemancipated child to a “psychological parent” in preference to a biological one. Boru v. Boru, New Jersey App. Div., October 4, 2011
Uniform Child Custody Jurisdiction and Enforcement Act
Under the UCCJA, N.J.S.A. 2A:34-53 to -95, it was appropriate for the New Jersey court to defer jurisdiction to Kentucky which also adapted the Act (K.R.S. 403.800 to 403.880) on issues affecting custody and/or parenting time. Watkins v. Watkins, New Jersey App. Div., April 12, 2011
Custody and the Role of a Parent Coordinator
This case is an example of limitations that may arise in the role of a parent coordinator where there are material issues surrounding the fees charged and potential over extended services being rendered. Cerza v. Fresco f/n/a Cerza, New Jersey App. Div., October 20, 2010
Custody and Removal to a Foreign Country
On May 20, 2010 the United States Supreme Court issued its opinion in a 6-3 decision written by Justice Kennedy addressing an order prohibiting the removal of a child from a country without the noncustodial parent’s consent finding the order enforceable under an international child abduction treaty.
Custody
There’s presumption that a child of tender years requires the primary love, affection and attention that only a mother can provide. There is a sharp line between maternalistic bonding and an obsessive compulsive need to control every facet of the child’s life to the detriment of the natural father’s right to maintain a bonded, loving and nurturing relationship with the child.
Custody
We often think of custody in terms of parents. There are situations wherein a sibling may be awarded custody over the natural parent. This case illustrates the point that under New Jersey family law an older brother may be awarded custody of his younger brother.
Role of the Parenting Coordinator and Court Intervention
The trial court is possessed with discretion to appoint a Parenting Coordinator when the parties cannot reach agreement regarding visitation and related issues.
Bill Introduced Requiring Psychologists to Video Record Sessions with Children Alleged to Have Been Abused or Neglected
On January 22, 2010 State Senator Gerald Cardinale (Bergen) introduced a Bill in the Senate requiring psychologists to video record sessions with children where there are allegations of abuse or neglect.
Custody Removal
The mother wanted to move to Florida with the parties’ children and her application was initially denied by the New Jersey divorce judge. But (a) she made out a prima facie case under Baures v. Lewis justifying her move and (b) the father did not present any evidence that her reason for moving was not made in good faith or that the move would be inimical to the children’s interest. Thus, the trial court erred in placing an obligation on her to prove the children would receive greater benefits from relocating than staying in New Jersey. The decision is reversed and remanded for reconsideration. Ramos v. Rolon, New Jersey App. Div., June 11, 2009
