New Jersey Family Law Blog

Amber Alert Changes Clarify Guidelines

August 28, 2010 | Kearns Rotolo Law

When Terry Dusseault Sr. ran off with his 8-year-old son on August 25, police did not hesitate to issue an Amber Alert. The senior Dusseault was a registered sex offender and his brother was concerned about his mental condition when Dusseault Sr. took his son. The two were found unharmed the next day when a passing motorist spotted Dusseault’s car and notified police. (1)

That was not the case earlier this year for three-month-old Zara Malani-Lin Abdur-Raheem who was abducted by her father. It took several hours for police to determine that the infant was in danger. By the time they issued an Amber Alert, the baby’s father, Shamsid-Din Abdur-Raheem, had thrown her off the Garden State Parkway Bridge and into the Raritan River. Abdur-Raheem was indicted this week on several charges, including kidnapping and murder. He is being held on $2 million bail in Essex County jail. (2)

Should Doctors or Family Have Final Say over End-of-Life Medical Issues

August 20, 2010 | Kearns Rotolo Law

After the recent dismissal of a case by the New Jersey Appellate Division, the question of whether or not hospitals have the right to overrule family wishes in Do Not Resuscitate (DNR) matters remains unclear.

The case in question involved the family of Ruben Betancourt and Trinitas Regional Medical Center of Elizabeth, NJ. The then 73-year-old Betancourt was in a vegetative state for more than a year when the hospital removed him from life-support equipment and sought to issue a DNR order. Betancourt’s daughter, Jacqueline, brought the case to court where she sought to become her father’s legal guardian and fought the hospital’s decision. The State Superior Court ruled in her favor; the hospital was ordered to put Betancourt back on life-support and the DNR order was removed. (1)

Open Adoption Birth Records One Step Closer to Becoming Law

August 5, 2010 | Kearns Rotolo Law

This fall the New Jersey Assembly is expected to vote on the Adoptee Birthrights Bill, satisfying an issue of adoption that the State has been struggling with for about 30 years.

Under this Bill, adult adoptees or the parents of minor adoptees would be able to get copies of the adoptee’s original birth certificate and to have access to their medical histories and social and cultural backgrounds. Today adoptees in New Jersey can only access their original birth certificates through court order. (1)

When Religious Beliefs and the Law Clash

August 3, 2010 | Kearns Rotolo Law

Religion cannot be used as a defense for non-consensual sexual relations between a husband and wife, according to a recent ruling by the New Jersey Appellate Court.

New Jersey Lawmakers Seek Greater Protection for Families of Domestic Violence

July 30, 2010 | Kearns Rotolo Law

Two years after the murder of a New Jersey mother of two, state lawmakers are considering a bill that would increase protection for victims of domestic violence and the children of those families.

In June 2008, Monica Paul was shot and killed, allegedly by her estranged boyfriend, in a north Jersey YMCA while her 4-year-old son was in swimming class. The couple’s 11-year-old daughter witnessed the incident. Ms. Paul had taken out a restraining order against the boyfriend, Kenneth Duckett, shortly before the shooting. (1)

NJ Gay Marriage Supporters, Opponents Rally in Anticipation of Supreme Court Hearing

July 24, 2010 | Kearns Rotolo Law

Groups on both sides of the controversial gay marriage issue rallied in Trenton recently in anticipation of the state Supreme Court’s possible consideration of the matter. (1)

On Tuesday, July 20, 2010, members of the National Organization for Marriage rallied at the Statehouse in support of traditional marriage, which is defined in a 1996 federal law as “between a man and a woman” (2). This rally was countered by the appearance of members of Garden State Equality, New Jersey’s largest gay rights organization.

Child Support Roundup in New Jersey

July 14, 2010 | Kearns Rotolo Law

Supporting a child is an important role a parent and/or a guardian play in a child’s life be it emotional or moral support and certainly, as any parent can attest, monetary support. However, in the case of a family that is no longer intact, monetary child support often is lacking because of the untimeliness of child support payments. Approximately 38% of child support providers are responsible for medical bills, health care, and various other health care costs of the child so it is important that child support is paid on time. (1)

Unfortunately all too often the non-custodial parent falls behind in child support payments.

What You Post May Be Used Against You in Divorce Court

July 9, 2010 | Kearns Rotolo Law

These days, many of us turn to one social networking site or another to reunite with old friends, former classmates and others from our past. While these sites have been successful in helping rebuild some lost relationships, they also have been credited recently with helping to dissolve others.

An article by Martin Di Caro posted on NJ1015.com on June 30, 2010, stated, “The American Academy of Matrimonial Lawyers says 81 percent of its members have faced or seen evidence in divorce cases gleaned from social networking or dating sites like Facebook, Myspace, or match.com.” (1)

An earlier article by Sue Epstein written for The Star Ledger (March 21, 2010) cited the case of a divorced New Jersey couple who were still trying to work out custody of their teenager. During this time, the girl posted a photo on Facebook of her and her friends partying. The teen’s mother used the photo to support her argument that the father was “too permissive.” (2)

Mendoza – An International Custody Battle

March 11, 2010 | Kearns Rotolo Law

With everything reaching a global level these days, child custody battles are no exception. Parental child abduction is a growing international problem, often the result of a failed marriage that ends with one parent taking the children to a different country. The problem affects parents in many countries.

The case of Alejandro Mendoza is one such international custody battle. Alejandro Mendoza suspects his five-year-old son and three-year-old daughter may now be in Korea, but he is not sure. Violinist Mendoza teaches during the day and performs at night in the Lion King orchestra on Broadway. Mendoza once played a French violin made in 1902 but had to sell it for something he loves even more — his children.

New Ruling on Child Support Modification

June 18, 2009 | Kearns Rotolo Law

Parties’ daughter was killed in an automobile accident on October 6, 2007. On January 10, 2008, the plaintiff filed a pro se motion seeking, inter alia, to reduce child support. The plaintiff argued that any modification should be retroactive to the date of the daughters death, while the defendant posited that the filing date of the plaintiff’s motion should go

The applicable law is N.J.S.A. 2A:17-56.23(a), which basically states that child support can not be made retroactive and will only be permitted from the date of the filing of the motion.

The issue here was whether child support is to be amended on the date of the child’s death or the filing date of the motion. There have been several scenarios where the courts have granted retroactive modification to child support. In the case of Keegan v. Keegan, 326, N.J. Super. 289, 741 A.2d 134 (App. Div. 1999), trial court granted a retroactive increase in the aspect of child support. Halliwell v. Halliwell, 326 N.J. Super. 442, 741 A.2d 638 (App. Div. 1999), dealt with the issue of retroactive modification of an obligor who was incarcerated for an extended period of time