Winning an Emancipation Motion

1. What is the burden of proof in an emancipation motion? Motions for emancipation are filed every day in the family courts. In fact it is probably the most popular type of motion filed in the family court. In New Jersey there is no set age when a child will be declared emancipated. Each case […]

Can I file a case for a legal separation in New Jersey?

1. How can I obtain a legal separation in New Jersey? There is no formal case called a legal separation in New Jersey. There is no docket number for a legal separation case. However, there are some scenarios wherein a legal separation may be advisable instead of filing for a standard divorce case. Filing for […]

An Info Guide on Determining Child Support

1. How can I request the family court to determine, increase, or reduce a child support award? If you want the family court to legally require your ex-partner or spouse to pay child support, then you are required to file a motion with your county family court. Filing a motion can be a very confusing […]

The Enforcement of Out-of-State Restraining Orders

1. Are out of state restraining orders enforceable in New Jersey? Domestic violence crosses state boundaries. Victims may leave the states where they had resided and where they had obtained restraining orders to protect themselves against further attacks by their abusers. Under the federal Violence Against Women Act, a victim who has a restraining order […]

Parents Living in Different States

1. What happens when a couple has a child and they both live in different states? When parents who live in two different states and they want to make their custody arrangement into a formal court order, or when they need to resolve a dispute about custody or visitation parenting time, then it may be […]

Can I move out of New Jersey with my child(ren)?

1. I am a divorced mother with two children. I can’t stand New Jersey anymore, and I want to move to North Carolina. What steps am I required to take to move out of this “rat trap” of a state? If a custodial parent wants to move out of New Jersey with a child(ren) there […]

Family Offenses in the Municipal Court

1. What type of cases are family related cases are filed in Municipal Court? The Municipal Court plays a vital role in domestic violence matters. The Municipal Court is involved in four aspects of domestic violence cases. First, Municipal Court judges often issue temporary restraining orders in domestic violence cases at hours when the Family […]
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