Legal & Physical or Residential Custody
Legal & Physical or Residential CustodyLegal Custody of the children is commonly viewed as the parent or parents - in the case of joint custody - with whom the decision-making authority rests.
The Best Interests Standard
The Best Interests StandardThe best interests of the child remains as the "beacon" or guiding principle central to most issues of custody or parenting time.
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part Three
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part ThreeHere in Part Three, we will conclude by providing a comprehensive PC order of appointment, which can be modified to fit just about any desired PC situation.
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part Two
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part TwoThere is no legal code in the majority of the jurisdictions that accurately describes the functional role of the Parent Coordinator (PC). Currently, most jurisdictions do not sufficiently address issues of due process and very seldom outline protocols for gathering evidence or conducting "hearings." The functional roles of the PC - which may often be an amalgam of interdisciplinary roles - are often left up for grabs.
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part One
The Progressive Lawyer: The Emerging Role of the Parenting Coordinator - Part OneThe "Parenting Coordinator" or "Parent Coordinator" is a newly evolving professional role, which is now being implemented in an increasing number of States - with or without the benefit of a specific Rule of Court or statutory authority - as a means for dealing with high-conflict families involved in domestic relations proceedings before the courts.
Unauthorized Access to Stored Computer Files - Password or PIN(s)
Unauthorized Access to Stored Computer Files - Password or PIN(s)Accessing e-mails or computer files by a spouse with the help of PIN(s) or Password of the other, but without their permission, is a clear violation of the Wiretap Statute. Nevertheless, it is a violation only if the information is in the transmission stage and not if it is in the post-transmission storage.
Are Prenuptial Agreements Affected by Changed Circumstances?
Are Prenuptial Agreements Affected by Changed Circumstances?People who go through the bother and expense of entering into prenuptial agreements, sign the agreement with the expectation that the agreement will be enforceable and will give them the future protection that they seek. Fundamentally, we are talking about a contract between competent adults...
How Enforceable Is Your Prenuptial Agreement? Part Two - The New Jersey Premarital Agreement Act
How Enforceable Is Your Prenuptial Agreement? Part Two - The New Jersey Premarital Agreement ActThe Act specifies that all New Jersey prenuptial agreements must be condensed to a writing.
How Enforceable Is Your Prenuptial Agreement? Part One - NJ Divorce Law Prior to the New Jersey Premarital Agreement Act.
How Enforceable Is Your Prenuptial Agreement? Part One - NJ Divorce Law Prior to the New Jersey Premarital Agreement Act.Prenuptial agreements are entered into for any number of reasons. Obviously prenuptial agreements are not for every couple.
Progressive Writing Tips for the Persuasive Lawyer
Progressive Writing Tips for the Persuasive LawyerAs lawyers, most of us take great pride in our writing ability. By now, it's become second-nature to us and familiar to the staff members we've trained. It's not confusing, tedious or long-winded to us. We say what we mean, mean what we say, and get right to the point. Or, so we'd like to believe.
Eleventh Hour Divorce Facilitation
Eleventh Hour Divorce FacilitationMediation and most other forms of alternate dispute resolution are typically employed in advance of the Court process. Mediated agreements, for example, might limit the parties' involvement with the Court to placing the Matrimonial Settlement Agreement on the record, voir dire on the agreement and cause of action, and putting the divorce through on an uncontested basis.
The Progressive Lawyer: How to Improve the Quality of Interviews, Meetings and Settlement Conferences by Learning to Use Advocacy and Inquiry More Effectively
The Progressive Lawyer: How to Improve the Quality of Interviews, Meetings and Settlement Conferences by Learning to Use Advocacy and Inquiry More EffectivelyAs attorneys, we are trained to be advocates in the process known as "adversarial." Many of us self-selected into the legal profession partly because our underlying personality and temperament traits are geared toward advocacy. Similarly, lawyers - the good ones - are typically quite inquisitive. Their questioning techniques, however, often take on the tone of cross-examination.
Settlement Conferences with the Court
Settlement Conferences with the CourtThe goal of the policy which encourages settlements, however, is not the salutary effect of settlements on our overtaxed judicial and administrative calendars, but the notion that the parties to a dispute are in the best position to determine how to resolve a contested matter in a way which is least disadvantageous to everyone.
Use of Statutory Factors as an Advocacy Tool
Use of Statutory Factors as an Advocacy ToolIn the course of my prior life as a management consultant to the Fortune 500, I was faced with issues involving client system compliance with the ISO 9000 International Standards for Quality Management. The five International Standards which form the ISO 9000 series of quality assurance standards readily lent themselves to the matrix approach I will discuss in this article.
Setting the Scene for Success
Setting the Scene for SuccessThe traditional adversarial system continues to draw criticism when aggressively applied to family law cases. Apart from the inefficiencies, impracticalities and associated costs of strongly competitive approaches, the reasons for abandoning these poorly conceived methods of dispute resolution should be obvious.
A New Way of Looking at Divorce
A New Way of Looking at DivorceA divorce is a one-time project that has defined starting and ending dates, a clearly specified set of objectives or scope of tasks to be performed, a predefined budget, and a temporary settlement or litigation organization that is dismantled - as far as the divorcing parties are concerned - once the divorce is finalized.
New Jersey's Civil War in Divorce Mediation
New Jersey's Civil War in Divorce MediationThe first step in the process of despising something is to label it. There are countless mediation models, many of which come with their own labels; such as team mediation, transformative mediation, etc. Most of these, and their practitioners, can be described as either facilitative or evaluative in approach. The ideological debate between the members of these two camps is a heated one, which, in many cases, has degenerated into "I'm right, you're wrong" thinking.
Preparation of Pendente Lite Applications - Part Five
Preparation of Pendente Lite Applications - Part Five1. Understand the statutes, court rules and case law authorizing a pendente lite award of counsel fees. 2. Provide adequate financial information and argument so that the Court can conclude that an award of pendente lite counsel fees is reasonable and just.
Preparation of Pendente Lite Applications - Part Four
Preparation of Pendente Lite Applications - Part FourThe CIS with all required attachments is typically the most important attachment to a pendente lite motion. As a word of caution, the CIS can be used against the client's interests if care is not taken in completing it. Do not give a blank CIS to the client and then publish for all the world to see the client's raw work product. This could lead to disaster. The fact of the matter is that most raw CIS submissions are filled with potentially damaging errors.
Preparation of Pendente Lite Applications - Part Three
Preparation of Pendente Lite Applications - Part ThreeMost pendente lite motions include the following requests:1. Contribution to monthly Schedule A, B and C expenses as set forth in the Case Information Statement - this can be accomplished by direct payment or by way of alimony, child support, or any combination of the three, with varying tax consequences;
Preparation of Pendente Lite Applications - Part Two
Preparation of Pendente Lite Applications - Part TwoR. 1:6-1 Applicability of Rule Rule 1:6 shall apply to all trial courts, except the municipal courts and except as otherwise provided by R. 3:26-2(d) (motions for bail reductions), R. 5:5-4 (motions in civil family actions), and R. 6:3-3 (motions in the Special Civil Part)...
Preparation of Pendente Lite Applications - Part One
Preparation of Pendente Lite Applications - Part OneThe pendente lite phase of the case and the results of a pendente lite application are critical for setting the tone for the balance of the case, and often affect whatever final decisions or agreements are reached. If an inequitable result occurs early on, it could seriously compromise one party's case.
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