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Archive for the ‘Child-custody’ Category

*All Posts,Child-custody,Joint Custody

A stipulation to joint legal custody constitutes the parties’ agreement to share authority and responsibility for making major decisions regarding the welfare of the children, calling upon both parents to remain decision-makers in the lives of their children

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January 26, 2012 at 2:51 pm

*All Posts,Child,Child-custody,Discovery,Expert Testimony,Litigation,Parental Rights

A parent is entitled to a reasonable opportunity to conduct discovery of a court-appointed expert

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January 8, 2012 at 2:34 pm

*All Posts,Child,Child-custody,Emancipation,Guardian

A law guardian acts as an independent legal advocate for the child and takes an active part in the court proceedings

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January 8, 2012 at 2:31 pm

*All Posts,Child-custody

The mere attainment of the age of 18 does not deprive the court of making a custody determination

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January 8, 2012 at 2:28 pm

*All Posts,Child Relocation,Child-custody,Child-visitation

A residential custodial parent’s relocation within the State

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January 8, 2012 at 12:11 pm

*All Posts,Child-custody,Child-visitation,Motions,Property-settlement-agreement,Settlement agreement

A party seeking modification of a judgment, incorporating a PSA regarding custody or visitation, must meet the burden of showing changed circumstances and that the agreement is now not in the best interests of a child

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December 11, 2011 at 10:14 pm

*All Posts,Child-custody

To establish a prima facie case for modification of a custody arrangement, the moving party must show a substantial change in circumstances that affects the welfare of the child such that her best interests would be better served by modifying custody

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December 8, 2011 at 6:51 pm

*All Posts,Child-custody,Loss of Parental Rights

Kinship Legal Guardianship

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December 7, 2011 at 2:17 pm

*All Posts,Child-custody,Loss of Parental Rights

When a caregiver in a case brought by the Division of Youth and Family Services (DYFS) unequivocally asserts a desire to adopt, the finding required for a Kinship Legal Guardianship (KLG) that “adoption of the child is neither feasible nor likely” cannot be met

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December 7, 2011 at 2:13 pm

*All Posts,Child-custody,Loss of Parental Rights,Parental Rights

Where the Division initiates an action to terminate parental rights, it is required to prove, by clear and convincing evidence, that termination is in the best interests of the child

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November 29, 2011 at 11:49 am