DYFS Title 30 Cases Apply If No Abuse and Neglect

Recently, the New Jersey Supreme Court in DYFS v .I.S., A-81-11, reset the standards for invoking New Jersey's child abuse statute, Title 9, for cases of child custody cases absent a finding of abuse and neglect against a parent. The Court held that the lower courts must apply Title 30 to cases that do not involve abuse and neglect. Cases brought under Title 30 must adhere to difference procedures and standards to determine what course of actions should be taken to ensure the safety of a child in an at risk situation. The New Jersey Supreme Court found that if a lower court determines that there is no finding of abuse or neglect against a parent, a trial judge should proceed under Title 30 to determine if the parent has been "unfit to be entrusted" with the care of his or her child. Under such a determination, DYFS (now formally called the Division of Child Protection and Permanency or the DCP&P) would be allowed to engage the family and offer services, resources, and other assistance to help the unfit parent to rectify the harms that he or she has been exposing the child to. If, over time, the parent does not comply with the services and resources that DYFS provides, the child may be taken away from the parent and placed in DYFS's care. Essentially, by proceeding under Title 30, the court has a much broader scope from which it can intervene in a family situation to protect the interests of a child. Prior to the ruling in I.S., if a court could not find that a parent abused or neglected the child under Title 9, the action would have been dismissed. Under Title 30, the court orders must be reviewed every 6 months, and parents who have lost custody of their children are permitted to prove that they have taken steps to remove the harm that their child was placed in and therefore custody of their child should be returned to them. In order for parents to regain custody of a child that DYFS has removed from their care, they must comply with the services, evaluations, and programs that DYFS will offer to them as a means to demonstrate that they are fit to be a parent. If you are involved in DYFS case it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information about DYFS, custody & visitation, or other family law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

The Divorce Case Management Conference

The process and procedures involved in a divorce can become quite complicated, an important component of a divorce case is the case management conference. A case management conference is held after the divorce complaint has been filed by the plaintiff with the court and the defendant has submitted a response. After these initial pleadings have been filed, the court will schedule a case management conference. The purpose of a case management conference is to bring the parties together in court to discuss the initial issues that are involved in the divorce process. During the conference, the parties will discuss the items that will be requested during the discovery process and to implement a discovery schedule. During the discovery process, the parties provide each other's attorneys with information regarding marital assets, property, debts, and income. This information will provide the court and the attorneys with the information necessary to determine the equitable distribution of such property and assets. In addition, at the conclusion of the case management conference the court will render a case management order which will set forth the discovery schedule and will include which, if any, experts may be required and when their evaluations, valuations, appraisals, and other important documentation will be due to the parties' attorneys. In New Jersey, most judges will require that the parties attend the case management conference and contribute to the preparation of the case management order. Further, the court will most likely order that the parties engage in parenting mediation and other measures to provide the parties with an opportunity to settle or resolve many of the impending issues that will surface in the impending divorce proceedings. Ultimately, the case management conference is an important first step in the divorce process that will attempt to set the path for the process and help the parties by providing the resources necessary to resolve as many of the property, child custody, child support, parenting time, and other issues as efficiently and quickly as possible. If you are considering a divorce or civil union dissolution it is critical that you have experienced legal counsel at your side to guide you through the legal process. For more information on Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parenting Time or other Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Couples And Adoption

As the landscape of the family dynamic is changing across America, gay and lesbian couples are petitioning the courts in increasing numbers to adopt children and build their families. There are many different situations and social configurations that can lead a same-sex couple or partners to seek adoption. For lesbian partners not in civil unions at the time of the child's birth, one spouse may have given birth and the other may seek to adopt the child as a second parent or step-parent adoption (if the state where the couple resides permits such adoptions). Gay men may desire to do almost the same thing, either by using a surrogate to give birth to a child or by adopting a child through other means. In addition, in states that permit such, gay and lesbian couples may try to jointly adopt children so that both partners become the legal parents of the child at the same time. Joint or second parent adoptions may not be a potential option for many same-sex partners in the United States because some states continue to disallow same-sex partners from adopting children together. In New Jersey, same-sex couples are allowed to adopt a child together, whether it be a joint adoption or a second parent adoption. Additionally, as is the case with married heterosexual couples, New Jersey grants legal parent status to gay and lesbian birth partners when a child is born of a legal civil union. Still, it is recommended, even in these situations, that the non-biological parent seek a step-parent adoption to ensure that the legal rights of that parent are recognized if they were to travel to a state that does not recognize gay and lesbian relationships. Further, there may be options for gay and/or lesbian partners who cannot or do not wish to legally adopt a child. The parties can execute a legal parenting agreement indicating that although only one partner is the legal parent of the child, the other partner has certain rights and obligations over the child that effectively make them a parent. As the social scheme and dynamic of the structure of the "traditional family" continues to evolve, the law will reflect the changes and provide more options for gay and lesbian or couples who wish to adopt or co-parent children during their relationship. For more information about Same-Sex Civil Union, Dissolution, Adoption, Parenting Time, Custody and Visitation, or other LGBT Family Law matters in New Jersey visit NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Not Ready For Divorce? Try A Separation Agreement

If you are not quite ready for a divorce, maybe you should first try a separation agreement. A couple contemplating divorce in New Jersey may want to take some time apart from each other to re-evaluate their feelings or weigh the future implications that a divorce may have on their lives. Divorce proceedings can become extremely complicated and difficult processes. While a conflict situation may seem to be headed in the direction of a divorce, it is very common that a couple may not be quite ready to make the life-changing, and potentially expensive decision to begin the divorce proceedings, on impulse. For people in this situation, there is an option. A legal separation can be bound by a separation agreement. Separation agreements afford couples who are contemplating a divorce with the opportunity to suspend, but not completely end their marriage. Therefore, the couple can take the time that they need to decide what is best for them in the future and how they will move forward. One of the primary benefits of a separation agreement is that it can function much like a contract or a pre- or post-nuptial agreement in that it can provide legal protections for each of the parties while they seek options such a marriage counseling, mediation or other attempts to reach a mutual reconciliation. The separation agreement is a document that both parties willingly and voluntarily enter into that can detail how particular issues between them are handled during the course of their separation period. Issues that can be addressed in a separation agreement include important life issues and considerations such as child custody and visitation rights, alimony and spousal support considerations, child support obligations, living arrangements, parenting time, and almost any other pending area of conflict between the parties. If the parties eventually decide to divorce, the separation agreement can act as a stepping stone or framework for the structuring of the impending divorce and the equitable distribution of assets. On the other hand, if the parents decide that after their separation period they want to try to reconcile, they can receive solace from the fact that while they were legally separated their interests and assets were legally protected. If you and your spouse or civil union partner wish to try reconciling your issues by way of temporary separation before tossing away the time you have together and the memories that go along with it, you should consult with an experienced family law attorney regarding a separation agreement to protect your rights and interests during any trial separations. For more information about Divorce, Custody & Visitation, Child Support, Alimony/Spousal Support, Mediation, Dissolution, Parting Time, Mediation or other Family Law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Same-Sex Marriage Debate in New Jersey Rages On

The debate on the same-sex marriage continues to rage on in the state of New Jersey in lieu of recent developments in the New Jersey judicial system. Last year, the New Jersey State Legislature passed a Marriage Equality law that would have allowed same-sex couples to marry in the states, but at that time, Governor Chris Christie vetoed the bill and temporarily ended the debate. On Friday September 27, 2013, New Jersey Superior Court judge Mary Jacobson ruled that same-sex couples in New Jersey must be allowed to get married, beginning on October 21, 2013. According to Judge Jacobson, gay and lesbian couples are being denied equal rights under the law and therefore must be allowed the right to marry just like heterosexual couples. If the state were to issue marriage licenses to same sex couples on October 21st, they would have all of the same state and federal benefits that heterosexual couples enjoy. Many marriage equality supporters from around the state joined together in celebration of Judge Jacobson's ruling, but does her ruling truly end the debate? The answer is, no. Governor Christie has stated that he will appeal Judge Jacobson's decision. Typically, the Appellate Division would first have to hear a challenged case, but in this instance state lawmakers and the governor have asked the New Jersey Supreme Court to consider the matter, circumventing the Appellate Division. On October 2, 2013, Governor Christie asked the judiciary to delay the enforcement of Judge Jacobson's order until the appeal can be decided by the Supreme Court. Judge Jacobson's ruling is the first of its kind since the United States Supreme Court released its ruling that the federal government cannot deny federal benefits to married same-sex couples. Judge Jacobson based her opinion in part on that United States Supreme Court decision. It is still too early to predict how Judge Jacobson's ruling will impact marriage equality in the state of New Jersey. Ultimately, this latest development proves that the debate over same-sex marriage in this state is still a hot topic and is far from over. With the legislature, the judiciary, and the governor all weighing in heavily on the debate over the past few years, the only certainty with regard to issues of same-sex marriage in New Jersey is that people throughout the state feel very passionately about the issue. Whether the legal status of same-sex marriage changes soon or not, has yet to be decided. If you are seeking to enter into or dissolve a civil union, there are ways to protect yourself and your partner under the existing laws by entering into contractual agreements where the law falls short of offering you protections offered to heterosexual married couples. For those in the LBGT community who are in long-term relationships and cohabitating, it is important to consult with experienced legal counsel regarding the steps you should take to protect your present and future interests under NJ Law. For more information on same-sex civil union, dissolution, divorce, custody, visitation, child support or other family law matters in New Jersey visit www.NJCivilUnionLaw.com and HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

What Is Covered In Child Support Obligations

The expenses and items that are covered in child support obligation calculations are governed in New Jersey by the Child Support Guidelines. These guidelines were established to describe what items and expenses that child support obligations are supposed to cover. Besides the mandatory expenses that the guidelines automatically include in the calculation there are other potential items and expenses that should also be included if they are necessary to the functioning of a particular family. According to the Child Support Guidelines, allowable expenses for child support obligations include: Health Insurance for the Children: There are nominal costs for adding a child or children to a parent's health insurance policy which should be included in a child support obligation calculation. Further, it is important to note that the parent who lists a child or children on his or her insurance is only given a credit for the children's portion of the health insurance costs. Work -Related Child-Care Expenses: The cost of any work-related child care expenses incurred by the parent is included in the calculation. For instance, day care or day camp costs. To be included in the child care calculation, the cost must be assumed to care for a dependant, minor child or for a dependant who is physically or mentally disabled. Foreseeable and Recurring, Unreimbursed Medical Expenses: The first $250.00 of each child's unreimbursed medical expenses is included in a party's child support obligation under the Child Support Guidelines. If a particular child assumes regular and predictable unreimbursed medical expenses for an affliction, this expense should also be included in the child support obligation. If such expenses are not predictable, recurring, or foreseeable, then they are not included in the child support calculation but the cost should be shared equally among the parities based upon their income percentage. Other Court Approved Expenses: New Jersey Courts, at their discretion, can add to a party's child support obligation for foreseeable and/or expenses that are not routinely encountered by families. Some examples include: special need accommodations for children who are gifted or who suffer from disabilities; non-custodial parent transportation costs; or special educational costs. These aforementioned examples and other like examples must be approved by the court to be included in a basic child support obligation. Although it seems reasonably simple, everyone has heard horror stories regarding child support from friends or family members and knows such matters must not be taken lightly due to significant financial consequences for the parties. If you are seeking a divorce or dissolution of a civil union or wish to modify an existing child support order you should consult an experienced family law attorney immediately. For more information about child support, emancipation, divorce, civil union dissolution, child custody or other family law matters in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Pre-Marital Agreements Require More Consideration in New Jersey

Pre-nuptial agreements are becoming more and more popular in New Jersey, but these pre-marital agreements now require more consideration than before. Recently, the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act was revised in such a way that makes it harder than before to break that agreement even with changed circumstances. A pre-marital or pre-civil union agreement acts as a contract between two people to determine the distribution of property and assets in the event that the union dissolves. When these agreements are being established and executed, parties usually do not consider that the dissolution of their relationship is a realistic possibility and draft the agreement on emotions rather than on practicality. Parties may fail to consider situations that may require an agreement to revised after it has been executed - such as a serious illness, disability, or the inability to work. These situations may leave one party in a greater need of support than the other. Recently, Governor Chris Christie signed amendments to the law that make it more difficult for a party to revise a pre-nuptial or pre-civil union agreement. The new amendments to the law specify that a New Jersey court can only alter or revise an agreement if the party wishing to revise the agreement can prove that it was unconscionable at the time it was executed. For instance, such an agreement would be considered unconscionable if a party entered into the agreement without full knowledge of the other parties' property, assets, or debts and without voluntarily waiving his or her rights to such knowledge. A court would be likely to modify an agreement that was signed under these circumstances. On the other hand, New Jersey courts will no longer void or modify agreements based on happenstance or changed circumstances that occur after the agreements have been executed. Ultimately, for a pre-nuptial or pre-civil union agreement to remain effective certain factors must be successfully satisfied. The agreements must be willingly and voluntarily executed by the parties and must be memorialized in writing. Next, all parties to the agreement must disclose all of his or her fiduciary liabilities and assets in order to ensure that the agreement is not unconscionable at execution. Then, the parties must have the execution of the agreement notarized. Since pre-nuptial and pre-civil union agreements are becoming more popular as family dynamics and family constitutions are changing in the Garden State, any person who may be considering instituting such an agreement before they get married or enter into a civil union must educate themselves on the changing legal status of such agreements and how the validity of such agreements may or may not be challenged after execution. If you are considering entering into a marriage or civil union and wish to protect children of a first marriage, there is great disparity in the income or new worth between you and your intended, you should consult with an experienced family law attorney to learn your rights and liabilities in the event things do not last. For more information regarding Pre-nuptial, Pre Civil Union agreements, alimony, equitable distribution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.