Articles Posted in Children

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On Friday, April 13, the documentary “Bully” hits theaters across the country. The film aims to bring to light the growing epidemic of bullying that threatens our children. To help stem this epidemic, New Jersey six months ago passed the toughest legislation in the nation to fight bullying in its public schools. (1) If, after reading the following, you need a Hunterdon County lawyer to assist you with a bullying incident involving your child, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

New Jersey’s Anti-Bullying Bill of Rights, which went into effect last September, strengthened earlier laws on the State’s books by requiring all public schools to develop comprehensive policies against bullying. Previously schools were only encouraged to do this. (2) This law was passed largely in response to the Tyler Clementi suicide. Clementi was a freshman at Rutgers University; Clementi jumped from the George Washington Bridge after learning that his college roommate, Dharun Ravi, streamed video of Clementi’s tryst involving another man and invited others to watch. Last month, Ravi was convicted of multiple charges against him including bias intimidation, invasion of privacy and witness tampering. He faces up to ten years in prison and possible deportation when sentenced on May 21. (3)

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Under most circumstances (with the possible exception of surrogacy situations), establishing maternity of a child is obvious. Establishing paternity is another matter. But is this uncertainty enough to require genetic testing for all new parents and babies? If, after reading the following, you need assistance from a Hunterdon County lawyer regarding paternity issues, contact the family law attorneys at The Rotolo Law Firm located in New Jersey, Clinton Township.

A New Jersey Assemblyman recently put forward a bill that, if adopted, would require all new parents and their babies to undergo genetic testing to establish parentage. Because maternity is usually easier to prove, the bill, admittedly, is geared more to determining paternity. The thinking behind such a bill is that establishing paternity from the start would alleviate the potential for future court battles and the heartbreak associated with them. (1)

When a couple divorces, it is easy to understand why some may want to erase all evidence of the failed relationship. That’s one reason behind women reclaiming their maiden names as part of their divorce settlements. But when children are involved, such decisions are not so easy. If, after reading the following, you need assistance with custody-related issues, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

The New Jersey Appellate Court recently reversed a ruling by a Burlington County Superior Court judge granting a mother permission to change her children’s surname following her divorce from their father. While the couple shares legal custody of their two children, the mother is the parent of primary residence. (1)

The couple divorced in 2010, ending an 11-year marriage. Shortly thereafter, the mother changed the children’s surname to a hyphenated version of her and her ex-husband’s last names without consulting the children’s father. The father filed with the court to have his children’s name changed back. The mother countered with her own petition to change the children’s name to her own. (1)

In an article dated January 5, 2012, Matt Friedman, Statehouse Bureau reported on the Assembly panel approval of a bill that removes the State’s two-year statute of limitations for lawsuits for child sexual abuse. Victor Rotolo’s 2008 landmark case paved the way for this change. Read Matt Friedman’s article here.

In a complicated case involving same-sex unions and surrogacy, a Hudson County judge recently put controversy aside and decided custody of twin girls based on their best interest. All custody cases carry their own complications. If, after reading the following, you have questions regarding custody issues in Hunterdon County, contact the family lawyers at The Rotolo Law Firm in Lebanon, NJ.

This particular custody case involves Donald Robinson Hollingsworth, Sean Hollingsworth and Donald’s sister, Angelia Robinson. Donald and Sean, partners who were married in California, currently reside in Jersey City. The men, wanting a family, entered into a surrogacy agreement with Donald’s sister, under which she agreed to carry a child – or twins, as it turned out – for the couple. The twin girls were conceived through in vitro fertilization with a donor embryo fertilized by Sean. (1)

Following a complicated birth, the men assumed custody of the twin girls, allowing for visitation with Ms. Robinson. In time, however, the relationship between brother and sister deteriorated, eventually winding up in a lawsuit. In 2009 a judge declared Ms. Robinson the legal mother of the girls even though she had no genetic ties to them. (2)

Custody is defined as having the legal responsibility to care for and/or make decisions on behalf of a child under 18. (1) Most consider it a parental right, but there are times when the custody of a child can be threatened and the advice of counsel such as the family lawyers at The Rotolo Law Firm may be warranted.

Various factors can threaten custodial rights. You can be engaged in a custodial battle with an ex-spouse or you can lose custody to authorities as a result of abuse or neglect allegations. Often in divorce, agreements can be reached whereby parents have shared custody or at least visitation rights. Fighting to regain custody from child welfare authorities can be a different story. One Holland Township couple has found themselves engaged in such a battle for the past two years.

The couple, Deborah and Heath Campbell, lost custody of their three children in 2009 and just this week appeared in court once again – this time to fight for custody of their infant son. (2)

Sometimes things stand in the way of parents’ ability to raise their children – financial distress, illness, substance abuse – to name a few. When this happens, custody can be turned over to someone else: a grandparent, another relative or any trusted adult that has lived with the child. These people are known as “psychological” parents or de facto parents. If, after reading the following, you need a Hunterdon County lawyer that can assist you with a similar situation regarding parental rights, contact The Rotolo Law Firm, located in Lebanon, NJ, which is in close proximity to Clinton, NJ and Flemington, NJ.

By definition, a psychological parent is an adult with whom a child has bonded regardless of any legal, biological or adoptive relationship. (1) However, although custody of a child can be transferred, parental autonomy cannot, according to a ruling recently upheld by the New Jersey Appellate Division. (2)

Parental autonomy is a fundamental right of natural parents. It allows parents to make all decisions with regard to raising their child without fear of governmental interference as long as those decisions pose no threat to the child’s or the public’s order, safety and welfare. (3)

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 Jersey Supreme Court recently agreed to review.

The case involves a woman seeking to be identified as the legal mother of a child born to her husband and a surrogate without having to file for adoption. An appeals court previously heard the case and cited the New Jersey Parentage Act, which states that a woman is automatically granted parental rights only to a child she either carries through pregnancy or with whom she shares DNA. In this case, the husband’s sperm was used to fertilize an anonymous donor’s egg which was then implanted into a surrogate mother, leaving the wife no physical tie to the child. (2)

Prior to the child’s birth, a Camden County Superior Court Judge granted the couple’s request to be named as parents on the child’s birth certificate. The surrogate mother relinquished her parental rights three days after giving birth, the time period specified by law. All seemingly went smoothly until the Bureau of Vital Statistics questioned the wife’s parental claim. Since she did not carry the baby in pregnancy nor share DNA with the child, the Bureau claimed she needed to file for adoption as a stepparent before gaining her parental rights. (2)

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 wanted a child and her male friend who agreed to be a sperm donor. Prior to conception, the two entered into a contract whereby the male donor gave up all of his parental rights and responsibilities; the woman assumed complete responsibility for the child. (1)

The birth certificate of the child born from this procedure listed no one as the father. Following the child’s birth, the two individuals involved in the conception signed another consent order confirming that the male surrendered his parental rights and the female retained all responsibility for the child. That order was sent to the court. (2)

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 began to rise and so did the number of single-parent homes. Grandparents began to take a more active role in raising their grandchildren and states began to adopt laws granting grandparental visitation rights. (1)

Today New Jersey law gives grandparents the right to seek visitation with their grandchildren if they are at any time denied such visits by the children’s parents. The grandparents must prove visitation is in the child’s best interest and the court will consider a series of factors when granting this request, including the relationship between the child and the grandparent(s), the relationship between the child’s parents and the grandparents, and the effect the visitation may have on those relationships. (2)