Articles
Articles in the ‘Custody’ Category
New Jersey Change of Custody Interview Child
In this post judgment proceeding the Appellate Division reiterated the two prong approach employed when a party seeks a change of custody. The party seeking a modification “must first make a prima facie showing . . . that a genuine issue of fact exists bearing upon a critical question such as the best interests of the child[]. . . . Once a prima facie showing is made, [the party] is entitled to a plenary hearing to resolve the disputed facts.” M.I. v. B.I., New Jersey App. Div., January 23, 2013
New Jersey In Camera Interview Children
In contested custody cases the trial court is vested with the discretion to conduct an in-chambers interview with the children pursuant to New Jersey Rule 5:8-6. Atherholt v. Hunter, New Jersey App. Div., January 17, 2013
New Jersey Custody Geographical Distance
The divorce agreement provided parenting time with the child spending 6 days with the father and 8 days with the mother. To facilitate the arrangement, the agreement contained broad language that the parties would live “within close proximity” to each other but did not specify a mileage radius. The father retained the marital home in Piscataway (Middlesex County). The mother moved to Flanders (Morris County), about 30 miles away. The Appellate Division upheld the trial court’s determination that in the absence of the agreement specifying geographic distance, the mother’s decision to move to Flanders was reasonable. Moreno v. Javan, New Jersey App. Div., November 30, 2012
Child Custody, Visitation and Role of Parenting Coordinator
The Appellate Division upheld the trial court’s determination that when it comes to a child custody or parenting dispute, the parties may agree to comply with defined obligations regarding their use of a Parenting Coordinator as long as they do not violate New Jersey public policy. Milne v. Goldenberg, New Jersey App. Div., September 12, 2012
Parental Alienation
In this high conflict post judgment proceeding, when a parent accuses the other of parental alienation it is not unusual to have more than one mental health professional and more than one parenting coordinator involved in the esnuing litigation. Lane v. Lane, Jr., New Jersey App. Div., April 16, 2012
Custody Plenary Hearing and Due Process
In this non-marital proceeding, the father of a minor child brought an application alleging abuse committed by the mother’s son. Motions were filed. On the return date the court commenced conducting a hearing that lasted about 2 months with a total of 7 appearances including the return date of the motion. At the conclusion of the hearing the trial court granted the father custody. On appeal the mother argued she was deprived of due process having not received prior notice that a hearing would be conducted. The Appellate Division rejected the argument. L. A. v. P.Q., New Jersey App. Div., March 1, 2012
Reinforcing the Need for a Child to Maintain a Relationship with Parents
This case represents reinforcement to the necessity that parties who are divorced does not deprive the non-primary custodial parent with the right to maintain and sustain a relationship with the child. Statt v. Statt, New Jersey App. Div., February 22, 2012
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
