What To Do/What Not to Do When the Other Parent Removes Children to Another State
NJ Family Law Blog
by Eric S. Solotoff
1w ago
Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 (which we previously blogged on), relocation got more difficult because it became largely a best interest analysis. Most of the time, these cases are started with one parent asking for permission to move. On the other ..read more
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Once Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”
NJ Family Law Blog
by Eric S. Solotoff
2w ago
As I have blogged here before, despite it not being the law and not really supported by the social science, many judges and even many custody experts have taken the position that 50-50 custody should be the de facto starting point. Bear in mind that this knee jerk reaction ignores the ages of the children ..read more
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Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?
NJ Family Law Blog
by Eric S. Solotoff
1M ago
In 2021, I wrote on this blog about a case where a court delayed reunification therapy because a 12 year old child didn’t want to do it. To this day, this continues to be one of the most read posts on our blog, more than three years later. Maybe the topic of reunification therapy is ..read more
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Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
NJ Family Law Blog
by Eric S. Solotoff
1M ago
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is more credible, more believable. Is the victim truly fearful based upon prior acts, etc. Because of that, the all too common tactic ..read more
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Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody
NJ Family Law Blog
by Eric S. Solotoff
2M ago
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders and Agreements are always reviewable and modifiable. However, that doesn’t always happen in real life. Very often, litigants are turned away with a finding that ..read more
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When Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)
NJ Family Law Blog
by Eric S. Solotoff
2M ago
In the late 1990s when the Child Support Guidelines were drastically changed to account for overnight parenting as well as shared parenting, the terms Parent of Primary Residence (PPR) and Parent of Alternate Residence (PAR) were effectively born. At the time, the PAR only existed if their was some time of shared parenting (more than ..read more
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Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights
NJ Family Law Blog
by Eric S. Solotoff
3M ago
When you sleep on your rights, you may not get all that you were entitled to ..read more
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No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
NJ Family Law Blog
by Eric S. Solotoff
3M ago
Court's cannot adopt an court appointed expert's report without affording the parties discovery and the ability to cross examine the expert ..read more
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Yes, Parties Can Agree to Waive the Change of Circumstances Standard
NJ Family Law Blog
by Eric S. Solotoff
3M ago
Parties can waive the change of circumstances requirement for custody and parenting time modification ..read more
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Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
NJ Family Law Blog
by Eric S. Solotoff
4M ago
a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant's decision to invoke his Fifth Amendment right to not testify ..read more
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