What defines a parent? For some, parents are the people to whom you are born. Others define parents as those who raise and care for you as you grow. According to Merriam-Webster.com, both definitions are correct, (1) but what about the legal definition of parent? That’s a question the New…
New Jersey Family Law Blog
Court Says GPS Devices Can Be Used to Track Unfaithful Spouses
For most people, a global positioning system — better known as a GPS — is a useful tool that can help keep them from getting lost, navigate detours, or find the quickest route between two points. These devices can also be used to track the movements of the vehicle in…
Court Rules Parental Rights Cannot Be Terminated by Contract
The New Jersey Supreme Court ruled recently that parental rights cannot be terminated merely by a contract entered into by the parties involved, rather parental rights can be terminated only by State law under specific conditions. (1) This question arose in connection with a case of a single woman who…
‘Legally Separated’ Is Not a Status Recognized in New Jersey
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…
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…