N.J.S.A. 3B:12A-6 Appointment of caregiver as kinship legal guardian
New Jersey Courts can appoint a child’s caregiver the legal guardian of that child.
http://www.lsnj.org/keyRecentDevelopments/KinshipLegalGuardianship2.htm
http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes
A custody hearing was conducted on April 13, 2007 to determine the custody of Anna Nicole Smith and Larry Birkhead’s baby, Dannielynn. The Court had unfortunately adjourned without a decision, and will resume in one week’s time.
Despite this delay, Howard K. Stern reported that Mr. Birkhead is already doing a great job of changing his daughter’s diapers, and the transition of parenthood has already begun.
In a divorce where defendant was the recipient of a disability pension benefit from the New Jersey Police and Firemen’s Retirement System, plaintiff was not allowed to receive that part of the pension representing reimbursement for disability and economic loss. Larrison v. Larrison, N.J.Super.A.D.,2007, April 05, 2007.
The DNA results are in! On April 10, 2007, the paternity of little Dannielynn, daughter of the late Anna Nicole Smith has finally been proven, it’s Larry Birkhead.
Mr. Birkhead emerged from the Bahamian closed-court hearing on April 10th, smiling proudly, pumping his fist, and throwing his hands in the air in expressions of excitement and apparent relief, telling the skeptical world “I told you so!” The March 21 DNA test confirmed what he had already felt in his heart, that he was in fact Dannielynn’s biological father.
In New Jersey, someone other than a child’s biological parent can be responsible for making child support payments.
Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v. Ross, 126 N.J.Super 394 (J. & D.R. Ct. 1972).
The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties’ five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1
The amended complaint seeks child support and provides Dina Matos McGreevey, the mother and soon-to-be ex-spouse, with visitation rights.
Presently, Governor McGreevey lives with his partner, Mark O’Donnell.
DISSIPATION OF MARITAL PROPERTY
One party may anticipate the marriage is failing, that divorce is imminent, and attempt to spend down marital assets. To that end, the wronged party may find themself in a position to receive little or nothing because of the ill will of the other party.
Similar to underemployment, the Courts will examine the circumstances surrounding the event. The party who has depleted assets will have to show the expenditure was for the joint marital venture and was not done to intentionally deprive the other spouse of equitable distribution.
The question ultimately to be answered in determining whether there has been a dissipation of marital property is whether assets were expended by one spouse with intent of diminishing the other spouse’s share of marital estate.
Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).
The New Jersey legislature is joining other northeastern states in how it handles family law matters. Within the last few months, not only has New Jersey passed a civil union statute, but it has added irreconcilable differences to its causes of action for divorce.
It has always been that a person wanting a divorce had to establish fault, or live separate from their spouse for 18 months to be granted a no-fault divorce. Now, the legislature has created a new no-fault cause of action, without the 18 month requirement- irreconcilable differences.
New Jersey joined the company of Connecticut and Vermont when it passed a Bill legalizing civil unions.
See http://www.state.nj.us/treasury/taxation/index.html?civilunionact.htm~mainFrame
See http://www.state.nj.us/treasury/taxation/index.html?civilunionact.htm~mainFrame
The requirements for the dissolution of a civil union are quite similar to those for marriages.
On February 19, 2007, N.J.S.A. 2A:34-2.1 came into effect, providing the state with a list of grounds acceptable for dissolution of civil unions.
New Jersey Family Law Blog