Can I File for Emergent Custody?

In New Jersey, it typically takes about 30 days from the date you file a Motion until you appear in Court for your hearing. But as we all know, sometimes emergencies arise and waiting 30 days simply will not work. However, the simple fact that you don't want to wait 30 days is not enough to get emergency custody. Instead, the Court applies a very strict legal standard to determine whether it is appropriate to grant emergency custody. What is the law governing emergent custody? In the leading case on this issue, Crowe v. DeGioia, the Court established 4 factors that must be satisfied in order for the Court to award emergency custody. Factor 1 - the child will suffer irreparable harm if em

Do I have any custody rights to my ex-girlfriend’s child I’ve raised for years?

Yes you may! In NJ, biological parents have supreme custody rights over all others, including grandparents and siblings. NJ custody statute permits the Court to award custody to a non-parent over a biological parent if the non-parent can demonstrate “parental unfitness, gross misconduct, abandonment or ‘exceptional circumstances. One instance of an exceptional circumstance is what Courts refer to as a “psychological parent.” A psychological parent is someone who is not a biological parent to a child but who has acted and treated the child as if they were a biological parent. Do I qualify as a “psychological parent”? This issue arises most often in situations where one of the child’s biol

I'm not positive the child is mine...what should I do?

Sadly, I hear these type of stories often. Do any of these sound familiar? At first, I thought (and assumed) the child was mine but I've learned that she cheated and now I'm having doubts; A woman from my past reached out and told me we have a child together but I'm not sure if the child is mine; The child doesn't look like me at all and although she says it's mine, I'm having doubts These doubts occur frequently in Family Law cases. A big reason is probably because feelings are so hurt and the parties are so distrustful of each other that they begin to question every little thing said and done during the relationship which frequently leads to the question of paternity What should I do if I

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