New Jersey Family Law Blog

State Supreme Court Agrees Trial Court Judge Erred in Denying Custodial Parent’s Request to Relocate

February 19, 2011 | Kearns Rotolo Law

A New Jersey statute designed to protect the rights of non-custodial parents and their children and maintain their relationship may have unfairly affected the rights of custodial parents, but case law is changing to address this inequity.

This situation came to light recently in the case of Morgan v. Morgan, a New Jersey couple who divorced in 2005. As part of their divorce settlement, the couple was granted joint legal custody of their two daughters, with the mother being the residential parent and the father having custody every other weekend, and one evening, and one overnight per week. He was also granted two weeks vacation time with the girls each year. (1)

When circumstances in the mother’s life changed and she contemplated relocating with her daughters to her home state of Massachusetts, the father filed a motion to re-determine custody. The mother filed a cross-motion requesting permission to relocate. These motions were filed in November 2005, at which time the trial judge denied the custody motion. A hearing on the relocation issue was held in 2007. This, too, was denied by the judge, who stated the mother’s reasons for relocating were not “valid” and the father’s relationship with his daughters could not be sustained under a new visitation schedule. (1)

Halle Berry Involved in Heated Custody Battle Proving Even Amicable Splits Can Turn Sour

February 5, 2011 | Kearns Rotolo Law

When actress Halle Berry and Gabriel Aubry called it quits last April, reports claimed the split was amicable. The couple was even seen enjoying outings together with their young daughter. Now, however, the two are involved in a bitter custody battle. With each flinging accusations aimed at proving the other unfit, these celebrities prove just how contentious the legal battle can become when custody is involved. (1)

There may have been a time when custody was almost always granted to the mother unless she was proven to be emotionally, physically, or mentally unfit. But that was a time of traditional roles, when mothers were the primary caregivers and fathers the primary breadwinners. Today’s familial roles are not so clearly defined. Courts can no longer depend on traditional definitions of “mother” and “father” when deciding custody matters. So what do the courts look for?

New Jersey recognizes the custodial rights of both parents, but also considers the child’s best interest. Courts must determine if both parents can, and are willing to, meet the basic needs of their children, which vary with age. Some issues the courts consider include any domestic violence history; the parents’ fitness; their work responsibilities; their ability to cooperate and communicate regarding their children; and their willingness to allow each other to fulfill their parental responsibilities. (2)

Can Reading Other’s Emails Be Criminal?

January 27, 2011 | Kearns Rotolo Law

It used to be couples embroiled in divorce battles would hire private investigators to collect evidence against each other. In this digital era, however, more people are relying on electronic means to snag their spouses in compromising situations. The ramifications of this are unclear.

In Rochester Hills, MI, a man is facing felony charges for allegedly hacking into his ex-wife’s computer to access her emails; if found guilty, he faces a prison term of up to five years. (1)

According to reports, Leon Walker is accused of using his ex-wife’s password to access her email, where he discovered alleged infidelities. Walker’s ex-wife, Clara, claims the computer was hers and the password that protected her account was kept secret. Walker counter-claimed that, although the two were divorced, they continued to share the same home and he had access to the computer. He further contended his ex-wife did not protect her passwords but kept them in a book beside the computer. (2)

Are Children Conceived Posthumously Eligible for Survivor Benefits?

January 22, 2011 | Kearns Rotolo Law

Social Security insurance provides survivor benefits for dependent children of deceased workers to help compensate for the loss of financial support. Dependent children are defined as unmarried and under age 18 (19 if still full-time high school students). But are children conceived after the death of a parent eligible for these benefits? According to a U.S. appeals court, they may be. (1)

Karen Capato, a New Jersey mother, filed for and was denied survivor benefits on behalf of her twins who had been conceived in vitro after the death of their father, Robert. Mr. Capato had his sperm frozen before undergoing treatments for cancer in the hopes of producing a sibling for the couple’s other child. Mr. Capato died in March 2002; the twins were born in September of the following year. (2)

According to Social Security regulations, applicants have the right to appeal an agency decision. That process has four levels: reconsideration, hearing, an Appeals Council review and a review by a Federal Court. (3)

New Laws Offer Help to Victims of Domestic Violence

January 10, 2011 | Kearns Rotolo Law

As 2010 was drawing to a close, New Jersey lawmakers were busy adopting bills to improve the rights of victims of violent crimes including victims of domestic violence.

The first bill, which was signed into law last month by Gov. Chris Christie, extended the time-frame under which victims of violent crimes, including domestic violence, could, under certain circumstances, collect compensation benefits from the State through the Victims of Crime Compensation Office (VCCO).

Previously violent crime victims or, in some cases, their dependents and families, could receive State benefits to cover expenses incurred as a result of the crime for a period of five years after the crime was committed. Those expenses may include physical and mental medical bills and relocation costs.

Child Support Sweep Nets Hundreds of Delinquent Parents

December 13, 2010 | Kearns Rotolo Law

Efforts by the 21 sheriffs’ departments throughout New Jersey resulted in the arrest of some 953 people on charges of failure to pay child support. Those arrested owed over $14 million in combined child support payments. As of December 10, the State had collected about $233,000 or that amount as a result of the arrests. (1)

This three-day sweep was a cooperative effort by New Jersey’s Child Support Services and the State’s Sheriffs Association to ensure that non-custodial parents abide by the court ordered child support payments. These sweeps seek out both parents who are in arrears on their child support and those who neglect to attend court hearings to set up medical and/or support payment schedules. (2)

New Jersey’s Child Support Agency is entrusted with ensuring that child support payments are made in accordance with court orders. The Agency uncovers incidents of non-payment or late or partial payment of support and takes action to rectify the situation. Those actions can include, but are not limited to, withholding income, seizing assets such as lottery winnings and/or settlements or awards resulting from civil suits, and offsetting tax refunds. (3)

Legislation Would Protect Housing for Seniors on Medicaid

December 4, 2010 | Kearns Rotolo Law

A new bill being considered by New Jersey lawmakers would ensure that seniors residing in assisted living facilities would keep their housing even after their money ran out and they qualified for Medicaid. (1)

The bill would require companies that operate assisted living facilities within the State to set up escrow accounts that would be used to cover the living and care expenses of residents at similar facilities should the company close its facilities for any reason. In this way, companies would be prevented from evicting individuals who have spent all of their money and subsequently qualify for Medicaid. (1)

This measure is in response to a 2009 case involving Assisted Living Concepts, a Wisconsin-based company that operates over 200 facilities in 20 states, including 7 in southern New Jersey. Originally the company promised potential residents that once their financial resources were depleted from payment of their living expenses at the facility, they would then be allowed to apply for Medicaid, which would be acceptable payment for their subsequent living expenses at their facility. However, an investigation by the State’s Public Advocate found that the company instead tried to evict residents once their personal financial resources were depleted. (2)

Underage Drinking Leads to Serious Consequences

November 23, 2010 | Kearns Rotolo Law

A New Jersey apartment complex was hit with a $7.4 million judgment and an Old Bridge teenager was put under house arrest in two separate incidents involving underage drinking.

A jury found the Excelsior Apartments in Hackensack culpable in a hit-and-run accident, which left a New Jersey cardiologist seriously injured because the driver involved was drinking at a complex-hosted party just prior to the accident, despite the fact that he was under the legal drinking age. (1)

Dr. Henry Lau, former chief cardiologist at Hackensack University Medical Center, suffered multiple injuries when he was hit by a speeding car driven by 20-year-old David Figueroa. Figueroa fled the scene of the accident but was later caught and charged with assault by automobile and with leaving the scene of an accident. (1)

Over 200 Children Find Their “Forever” Home in New Jersey during National Adoption Month

November 20, 2010 | Kearns Rotolo Law

Some 220 children from New Jersey’s foster program found their “forever” homes this week when their adoptions were finalized in court procedures throughout the State. (1)

November is recognized as National Adoption Month. In celebration of this, counties throughout the State held a series of activities sponsored in a cooperative effort by the Department of Children and Families (DCF) and the court system. These activities culminated in the finalization of adoptions held during the week of November 15 with the largest number of adoptions taking place in Essex County where the adoption of 60 foster children were finalized. In the Hunterdon/Somerset/Warren County area, six foster children were legally adopted as part of these proceedings. Private adoptions throughout the State were also honored during this observation. (1)

The adoptions in New Jersey included the placement or reunion of siblings within the same adoptive family, special needs placements, teenage adoptions and adoptions by relatives or next of kin, as well as infant adoptions resulting from the State’s Safe Haven Program. Under the Safe Haven Infant Protection Act, individuals are able to anonymously and legally surrender unwanted infants under 30 days old at any police station or hospital emergency room throughout the state. (1)

New Jersey Company Expands Blind Recall Following Death of Toddler

November 13, 2010 | Kearns Rotolo Law

Hanover Direct Inc., a Weehawken, NJ company, has agreed to recall approximately 495,000 roman shades and 28,500 blinds following reports of the accidental death of a 22-month-old toddler from Cedar Falls, IO. Meanwhile, the blind industry is working to develop better standards for manufacturing safer window coverings in an effort to protect children from similar accidents. (1)

The Consumer Product Safety Commission (CPSC) reported that the young boy was discovered by his father last May trapped in the cord of a roman shade. The toddler was rushed to the hospital, where he later died. It is estimated that one child dies each month in similar accidents. (1)

The problem is that young children can get tangled easily in the cords used to pull the shades up and down. The CPSC estimated that about 250 young children, including infants, have died from strangulation involving blind cords since 1990,. (2)