While entertainment news headlines these days may be full of celebrities and politicians calling it quits on their marriages, divorce is a big step for most couples no matter what problems they may be facing. There can be any number of reasons why a couple in domestic turmoil may not…
New Jersey Family Law Blog
Court: Grandparents’ Rights Not Automatically Terminated in Adoption
In New Jersey when a child is given up for adoption, the rights of the biological parents are terminated at the end of the adoption process. What happens, however, to the rights of the child’s biological grandparents? Prior to the 1970’s, grandparents had no legal visitation rights. Then divorce rates…
Should Parents’ Citizenship Status Affect Child’s Rights to Financial Aid?
Financing a higher education is a daunting task that has high school seniors from all walks vying for whatever tuition aid is available. Because need far exceeds availability these days, it is only logical that criteria for eligibility be set. But when a New Jersey teenager’s application for state aid…
Pending Legislation Could End Battle over Rights of Adoptees versus Rights of Birth Parents
The long-running battle that has pitted the rights of adoptees to have access to their birth records against birth parents’ rights to privacy may soon come to an end in New Jersey. A bill ending that battle was approved by the New Jersey State Legislature earlier this month and now…
Paying Parent Has Right to School Records
Issues of privacy between parents and children can be very sensitive matters, with parents trying to balance their desire to support and protect with their children’s rights. Sometimes, however, a parent’s right to know can supersede the child’s privacy rights, as illustrated in the recent New Jersey case of Van…
Should Your Right to an Attorney Pertain to Child Support Cases?
Anyone who has ever watched a TV police drama is familiar with the line “. . . You have the right to speak to an attorney . . . If you cannot afford a lawyer, one will be provided for you at government expense.” (1) The question currently being considered…
Does New Jersey Need to Update Its Definition of “Mother”?
Imagine availing yourself of all the advancements in reproductive technology in order to conceive the child you thought you may never have just to have the courts say you haven’t earned the title of “Mom.” That is exactly what has happened to a Union County couple now fighting to update…
She Gets the House, He Gets the Cars, But Who Gets Rover?
Deciding the fate of the family pet in a divorce is a little more complicated than deciding who gets Great Aunt Sara’s heirloom trinkets, yet most states consider pets as mere property. New Jersey, however, is one state that recognizes the uniqueness of pets and the sentimental value we attach…
N.J. Court Denies Visitation Rights to Brazilian Grandparents of Tinton Falls Boy
Divorce not only separates the nuclear family – father, mother, child – but it can have ramifications for the extended family as well. The grandparent/grandchild relationship is one that can often suffer from the dissolution of a marriage. Since the 1970s, a number of states have passed laws recognizing grandparents’…
State Supreme Court Agrees Trial Court Judge Erred in Denying Custodial Parent’s Request to Relocate
A New Jersey statute designed to protect the rights of non-custodial parents and their children and maintain their relationship may have unfairly affected the rights of custodial parents, but case law is changing to address this inequity. This situation came to light recently in the case of Morgan v. Morgan,…