New Jersey Family Law Blog

keith’s child support (Photo credit: Sean Durham)

A recent story on msn.com suggested that Chris Humphries, estranged husband of Kim Kardashian, is the legal father of the baby she is currently carrying. Yet, anyone who follows celebrity news knows that Kanye West is that baby’s daddy. Which is it?

What the MSN article was referring to is the legal definition of “father.” Under California law, Mr. Humphries could be considered the legal father of Ms. Kardashian’s unborn child because the couple’s divorce is not yet finalized. New Jersey has similar legal definitions of “father.” Under New Jersey law, a man is presumed to be the father of a child if the child’s birth occurs during the marriage of that man to the child’s biological mother or within 300 days of the termination of that marriage. (1)

Adoption (film) (Photo credit: Wikipedia)

About 1,500 American families, including some New Jersey residents, recently had their dreams shattered when a bill banning Russian orphan adoptions by U.S. citizens was signed by Russian President Vladimir Putin, a move that highlights one of the risks of international adoptions. (1)

Each year thousands of Americans turn to foreign countries to adopt. One reason international adoptions are so popular is that the time and expense involved in the process is often more predictable than when adopting a domestic child. A major drawback is that when and if relations between the U.S. and the foreign country fall apart, these adoptions can be stopped – even in mid-process — leading to heartache for the adoptive parents and children alike.

Holding hands (Photo credit: Marco Nedermeijer)

When the paternity of a child is in question, parents do have the right to request a genetic test from the State, according to a recent decision by the New Jersey State Supreme Court. (1) This recent decision, which was in response to a 2006 Morris County divorce case, overturned a lower court ruling denying the request for a State-sponsored test because it would not be in favor of the child involved. In the divorce, the husband expressed doubt that the youngest of his three sons was his actual biological offspring, claiming instead the child was the son of his brother-in-law. The brother-in-law neither denied nor admitted paternity. The husband, however, proved his suspicions through private testing and sought repayment of money he spent raising the child. (1)

While this case may be unusual, paternity matters play a role in a number of areas, including divorce cases, inheritance and beneficiary issues, and especially child support orders. Failure to meet those child support orders in this State can result in penalties ranging from the seizure of tax refunds to the revocation of professional and/or driver’s licenses and, ultimately, to arrest and possible jail time. (2)

Photographed by Daniel Case 2006-07-27 (Photo credit: Wikipedia)

A bill pending before the Senate Judiciary Committee, if passed, would increase representation for children in parental rights termination cases. (1) Termination of parental rights is a serious, irrevocable action in New Jersey. If, after reading the following, you need assistance with a legal parenting issue, particularly in Hunterdon County, contact the family law attorneys at The Rotolo Law Firm in Lebanon, N.J.

Today, children whose parents are involved in a parental rights termination proceeding are represented by a law guardian appointed by the Office of Parental Representation, a division of the state’s Public Defender’s Office. While this is not a criminal charge, it does require a court hearing. The law guardian’s responsibility is to make sure the child’s best interest – not what either parent wants – is heard by the Court. He or she has the right to call and cross-examine witnesses during the hearing in order to accomplish this. (2)

Pregnant lady in beautiful pick flowing dress. People at Morro Bay, CA Fourth of July 2011 Celebration (Photo credit: mikebaird)

Everyone is familiar with alimony, “palimony” and child support, but is society ready for “preglimony?” That’s the debate taking place in legal circles today (1). If, after reading the following, you need the assistance of a Hunterdon County lawyer with support payments of any type, contact the family law attorneys at The Rotolo Law Firm in Lebanon, NJ.

Alimony, sometimes called spousal support, is the payment made by one spouse to another following a divorce to ensure each spouse fair economic treatment. (2) It dates back to a time when it was the norm for a woman to give up a job or career — and sometimes an education — in order to take care of her family and home, leaving her with few marketable skills for entering the workforce after divorce. Today, alimony can be awarded to either spouse, based on their ability to adequately support themselves.