New Jersey Family Law Blog

Deciding the Fate of Frozen Embryos in the Case of Divorce

November 30, 2015 | Kearns Rotolo Law

For couples coping with fertility issues, in vitro fertilization (IVF) can help dreams come true. IVF is a procedure through which human eggs are fertilized outside of the body and often frozen and stored for future use, making it possible for some couples who had difficulty conceiving to become biological parents nonetheless. Sometimes, however, relationships don’t work out as expected – couples go their separate ways; marriages end in divorce. In situations such as these, what becomes of the stored embryos?

This has been the question of several lawsuits, most recently a case in San Francisco, CA, which made national news. According to an msn.com article, “S.F. woman who sought to have embryos preserved loses legal case,” a California couple underwent the IVF procedure shortly before their wedding after learning the woman had cancer and that the intended treatment was expected to leave her infertile. While the woman survived her illness, the marriage did not last and a petition for divorce was filed in August of 2013, prompting the issue of the couple’s frozen embryos to come up.

The couple had signed an agreement with the reproduction center that performed the IVF procedure stating that the embryos should be given to the surviving spouse only upon the death of his or her partner; under any other circumstances, including divorce, the unused embryos were to be destroyed. Despite this agreement, the woman sought to protect her chance at becoming a biological parent and claimed the agreement was signed in haste.

Car Seats and Late-Model Cars: Looking for a Proper Fit

November 16, 2015 | Kearns Rotolo Law

Just as New Jersey parents were adapting to new car seat laws that went into effect this past September 1, a new study gives them something else to worry about – does their car seat even fit in their car?

The new car seat law, which we reported on here earlier this summer, was expected to clear up confusion for parents when deciding which model of car seat was most appropriate for their children. The new law outlined very strict guidelines for when to use booster seats versus car seats and which way to face the car seat according to the child’s age and size. Now a new study indicates that even if parents abide by all these regulations, their child’s safety may still be in jeopardy if the car seat does not properly fit the car in which it is being used.

According to a recent article on nj.com, dozens of tests were conducted only to find that some car restraint seats simply do not fit certain cars properly, posing serious consequences for children. One of the problems is that while cars are getting smaller, car seats are getting bigger and this discrepancy in size can affect the angle at which the car seat sits.

Did Marriage Equality Bill Fail to Protect the Children?

November 2, 2015 | Kearns Rotolo Law

When the U.S. Supreme Court handed down its decision that paved the way for legally-sanctioned, same-sex marriages, it granted couples in those unions equal accessibility to some of the same rights traditional married couples enjoyed. These rights include, but are not limited to, such things health insurance coverage under family plans, social security and insurance survivor’s benefits, and involvement in end-of-life medical decisions. While the Court’s ruling did protect spouses in same-sex relationships, it seems to have failed to go far enough to protect children of those relationships.

In traditional relationships, there is such a thing as marital presumption. This presumption means that with children born into a marriage, a legal parent-child relationship is recognized between the children and their mothers’ husbands regardless of the existence of any biological relationship between the two. This same presumption does not exist for children of same-sex marriages.

Beyond denying certain financial and health benefits to children of same-sex marriage, the lack of this presumption could prove disruptive to the child’s family life as well. In traditional marriages, if something were to happen to a child’s biological mother, the father would still be considered a legal parent. That is not the case in same-sex marriages where the non-biological parent has no marital presumption. Adoption is not always the answer either since a number of states fail to recognize adoptions by same-sex spouses.

Special Needs Children Require Special Considerations when Parents Divorce

October 19, 2015 | Kearns Rotolo Law

Divorce affects every family member, but it can be especially difficult for families with special needs children.

In the process of obtaining a divorce, couples will also work details involving child custody, visitation and support arrangements. Generally, the best interest of the child is taken into consideration when arriving at these arrangements. Usually, unless circumstances cause the arrangements to be challenged, they will remain in effect until the child reaches 18, finishes school or is otherwise emancipated. This is not necessarily the case, however, when the child in question is afflicted with an emotional, physical or medical disability.

Parents of special needs children face other considerations when they are divorcing. Because special needs children often need physical, emotional and financial support well past the age of majority, and because they sometimes have extreme difficulties adjusting to frequent changes in their environment, special considerations need to be made regarding their custody, visitation and financial support.

To Single Parents Traveling Abroad with Their Children – Be Prepared

October 5, 2015 | Kearns Rotolo Law

International custody fights are more common than you might realize. Many people may remember the story of New Jersey resident David Goldman who spent years battling his ex-wife’s Brazilian family following her death to regain custody of his son Sean. More recent news articles are following actress Kelly Rutherford’s fight with her ex over custody of their children who currently live with their father in Monaco.

These custody disputes are devastating for the families and problematic for the countries involved, so it’s no wonder why authorities may question a parent’s intention when travelling abroad with his or her children. While no one welcomes their parental rights being questioned, the best way to handle a situation like this is to be prepared. For suggestions on how to be prepared, read “8 Travel Safety Tips for Single Parents Going Abroad with the Kids” on www.travelinsurancereview.net, paying particular attention to tip number seven. A blog that appeared on http://momvoyage.hilton.com titled “The Single Parent’s Guide to International Travel With Kids” offers additional tips.

Successful Co-Parenting Requires Overcoming Fears

September 21, 2015 | Kearns Rotolo Law

One of the most emotionally trying issues of divorce is the question of child custody. Although spouses may be more than ready to part from each other, they usually are not willing to give up their relationship with their children – and for good reason.

Studies have shown that in most situations, children thrive better under the influence of both parents. Family courts recognize this and more often than not will award joint custody unless circumstances cause them to rule otherwise. While it is in the best interest of the children, co-parenting isn’t easy. The logistics alone of such an arrangement can be tricky, but what makes co-parenting even harder are the fears many divorced couples share. Family coach Karen Becker identifies and explains those fears in her article “What I Wish Every Co-Parent Knew” for The Huffington Post.

Not All Identity Thieves are Strangers

September 7, 2015 | Kearns Rotolo Law

Today most of us are aware of the dangers of identity theft and even know of a few precautions that can lessen our chances of becoming a victim – guard passwords; avoid conducting financial or personal transactions over public WiFi; keep personal information personal. But when we think of identity theft, we assume the thieves are strangers surreptitiously acquiring our personal information. What we don’t even consider is that members of our own families may be involved.

Recent reports disclosed that a significant number of identity thefts are committed by people close to us who have unique access to our information and know personal details that can be used to answer most any security question. This can be anybody: friend, parent, sibling, and it is a problem that is often overlooked when couples are getting a divorce. After all, who knows you more intimately than an ex-spouse? To learn about how prevalent this issue is, read David Matthau’s article on www.nj1015.com titled, “Your identity could be stolen … by a family member.”

State’s Juvenile Justice System Faces Reform

August 24, 2015 | Kearns Rotolo Law

New Jersey Gov. Chris Christie last month signed into law a bill that would reform the State’s juvenile justice system. Among the reforms are significant changes to the use of solitary confinement as a punishment and a raise in the minimum age at which a juvenile offender could be prosecuted as an adult. Supporters of the bill have stated that while they believe additional reforms are needed, this bill goes a long way in making New Jersey’s juvenile justice system both fairer and safer.

For highlights of the changes to be enacted under this new law, see “New Jersey Juvenile Justice Reform Coalition Applauds Enacted Juvenile Justice Reform Bill” on www.businesswire.com.

Could Your Divorce Be the Reason behind Your Child’s Weight Gain?

August 10, 2015 | Kearns Rotolo Law

Divorce can be a stressful event for the whole family. For children, it can affect not only their emotional health, but their physical health as well. In fact, a new study has revealed that children of divorce are at greater risk of being overweight. The study pointed to a number of factors that could contribute to this, including stress, which can lead to emotional eating, and changes in financial circumstances, which can result in poor diets.

An article on www.parenting.com titled “Divorce Can Impact Children’s Weight by Lauren Gaines,” looks at the results of this study and offers suggestions for what parents can do to hopefully help lessen their child’s risk of excessive weight gain or incurring other health issues as a result of their divorce.

Should State Lawmakers Ban Smoking in Vehicles While Children Are Present?

July 27, 2015 | Kearns Rotolo Law

Lawmakers in New Jersey are considering a bill which would make it illegal to smoke in vehicles in an effort to protect children from the effects of second-hand smoke. The bill covers not only cigarettes but any tobacco product including pipes and cigars, as well as electronic cigarettes. The smoking violation would be a secondary offense, meaning drivers would have to be stopped for a different moving violation, such as speeding, before they could be cited for this infraction.

By now, most people are aware of the health risks associated with smoking, including the risks of second-hand smoke. However, opponents to the proposed legislation have cited concerns about this law violating individuals’ privacy rights and have suggested that the majority of parents would tend to use good judgment when it comes to protecting their children’s health without government intervention.

For more details about the proposed law, see the www.njfamily.com article, “NJ Smokers May Face Penalties for Smoking in Cars with Kids.”