Loveland v. Hauke, N.J.Super.A.D., 2007 (unpublished opinion). This is a domestic violence case where the plaintiff alleged defendant acted with a purpose or intent to harass. The plaintiff, in attempting to explain her fear, attempted to testify to incidents that were not outlined in her complaint. In fact, the plaintiff…
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…
A custody hearing was conducted on April 13, 2007 to determine the custody of Anna Nicole Smith and Larry Birkhead’s baby, Dannielynn. The Court had unfortunately adjourned without a decision, and will resume in one week’s time. Despite this delay, Howard K. Stern reported that Mr. Birkhead is already doing…
In a divorce where defendant was the recipient of a disability pension benefit from the New Jersey Police and Firemen’s Retirement System, plaintiff was not allowed to receive that part of the pension representing reimbursement for disability and economic loss. Larrison v. Larrison, N.J.Super.A.D.,2007, April 05, 2007. The Larrison Court…
The DNA results are in! On April 10, 2007, the paternity of little Dannielynn, daughter of the late Anna Nicole Smith has finally been proven, it’s Larry Birkhead. Mr. Birkhead emerged from the Bahamian closed-court hearing on April 10th, smiling proudly, pumping his fist, and throwing his hands in the…
In New Jersey, someone other than a child’s biological parent can be responsible for making child support payments. Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v.…
The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties’ five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1 The amended complaint seeks child support and provides Dina Matos McGreevey,…
DISSIPATION OF MARITAL PROPERTY One party may anticipate the marriage is failing, that divorce is imminent, and attempt to spend down marital assets. To that end, the wronged party may find themself in a position to receive little or nothing because of the ill will of the other party. Similar…
Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003). New Jersey Statute 9:2-7.1. Visitation rights for grandparents or…
The New Jersey legislature is joining other northeastern states in how it handles family law matters. Within the last few months, not only has New Jersey passed a civil union statute, but it has added irreconcilable differences to its causes of action for divorce. It has always been that a…