Family members face many challenges and stress when dealing with a litigation of abuse or neglect relating to children, custody battle, parenting time issues, child support issues, domestic violence, a divorce, or adopting a child.
Adoption An adoption is a happy occasion and what the courts call "the happy docket" because a child will have legal parents who commit to care for the child permanently.
In adoption proceedings, as in most matters relating to children, the overriding theme is the best interest of the child. The Court will also examine the prospective parents’ qualifications, notice to and objections from a biological parent among other procedural requirements. While an adoption is a happy occasion, it can still be a challenge and an ordeal if it is contested by a biological parent.
Children in court: In this court, Judges ensure the safety and welfare of the children of the state of New Jersey and oversee the litigation of abuse and neglect matters initiated by the Division of Child Protection & Permanency (“DCPP”). The Judges always adjudicate these matters with the best interest of the children in mind. New Jersey law requires everyone to report child abuse. DCPP has the authority and responsibility of investigating child abuse and neglect reports, providing family services to families in need of services to make the family whole, litigating any abuse and neglect matters, and removing children from their parents’ home when necessary. As significant parental rights are at risk, it is imperative for parents to have legal representation to assist in navigating the court system, dealing with DCPP, and protecting their parental rights.
Child support: When parents separate or divorce, under New Jersey law, both parents are expected to continue to support their children financially. In calculating child support, courts usually, with a few exceptions, follow a uniform guideline and factor in both parents' financial circumstances and the children's needs.
Custody/Parenting time: In custody and parenting time matters, the best interest of the children is again the overriding theme. With a few exceptions, it is assumed that it is in the best interest of a child for both parents to be involved in the child's life. Sorting out custody and parenting time issues can be difficult for parents when their decision-making is colored with a contentious separation.
Divorce (contested and uncontested): Divorce is an ordeal for individuals to go through. In New Jersey, one can seek an uncontested divorce, no-fault divorce, or divorce on many other different grounds. An attorney can help a client assess any other cause of action, rights to any spousal maintenance, asset distribution, custody/visitation, and child support.
New Jersey Domestic Violence law protects persons who are victims of domestic violence acts such as homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, contempt of domestic violence order, stalking, harassment, criminal coercion, and many other acts. A victim may obtain a restraining order by going to family court or the municipal court through the local police during off hours. A restraining order prohibits the abuser from any contact with a victim and orders the abuser to stay away from the victim. The restraining order may also provide relief for other issues such as custody, parenting time, and child support. A victim will initially receive a temporary restraining order. Once the alleged abuser is served with the temporary restraining order, the victim and the alleged abuser will return to court later, usually within 10 days, for a hearing on a final restraining order. A final restraining order is permanent in New Jersey unless the victim returns to court to request a dismissal of the order.
Prenuptial agreement: For individuals who want to keep their assets separate and free from equitable distribution in case a divorce occurs in the future, an attorney can prepare a prenuptial agreement to protect those assets from distribution and waive any future alimony.
Saba is a competent family law attorney and can help a client navigate the court system and successfully resolve these legal challenges. Saba can be reached at 201-937-7967 or by email at firstname.lastname@example.org
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