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Articles Posted in Children

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No Binding Arbitration of Custody or Parenting-Time Issues, Court Says

A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children,…

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In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF

Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor. Your obligation will certainly change if your ex…

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New Jersey Court Orders Retroactive Increase in Child Support Where Motion was Never Filed

Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion). The parties had one son together. They divorced agreeing to joint custody with mother having primary residence. Eleven years after the divorce, in November of 2001, the Middlesex County Board of Social Services notified both parties that either could seek a review of child…

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New Jersey Kinship Legal Guardianship

N.J.S.A. 3B:12A-6 Appointment of caregiver as kinship legal guardian New Jersey Courts can appoint a child’s caregiver the legal guardian of that child. http://www.lsnj.org/keyRecentDevelopments/KinshipLegalGuardianship2.htm http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes N.J.S.A. 3B:12A-6(a) Appointment of caregiver as kinship legal guardian The Court makes the following considerations when determining whether to appoint the caregiver as kinship legal…

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