The post What Evidence Can Help Your Modification to Full Custody? appeared first on Nitti & Nitti P.C..
]]>In New Jersey, the court will consider two main arguments for a modification to a child custody order: a major event in the life of the custodial parent has limited their ability to care for the child or a slew of small events in the life of the custodial parent shows that they can no longer properly care for the child.
Examples of a major life event of the custodial parent include the following:
Examples of small events in the life of the custodial parent include the following:
Since you are the parent requesting modification to full custody, the burden of proof will fall on you and your New Jersey child custody lawyer in the family court. If there is no major life event present, you will need to provide substantial evidence that backs up your request for the modification.
You will need to provide your child’s report cards, notes from teachers or guidance counselors, and any other academic documents to the court to show that their academic performance has diminished recently because of the custodial parent.
If you are arguing that your child’s health is deteriorating, you will need to provide the court with their medical records. You might even be required to provide signed documentation from the child’s doctor.
If your child has been seeing a therapist for anxiety, depression, or any other mental issue, you might be asked to provide their therapy records.
If the argument is that your visitation rights are being denied or you are not permitted to call or text your child, you will need to provide email, text, and call log records to the court to prove this argument.
Be sure to provide your child custody attorney with as much evidence as possible to strengthen your request.
Do you need to request a modification to full custody of your child? Do so with the help of an experienced and trusted New Jersey child custody lawyer from Nitti & Nitti, PC. Call our office, or submit our contact form to schedule a consultation today.
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]]>The post Can a Child Refuse Visitation in New Jersey? appeared first on Nitti & Nitti P.C..
]]>Children of all ages get into different moods for various reasons. There might be a time when your child refuses to visit their non-custodial parent. This can become a serious issue if you do not handle it appropriately. If there is a court order in place governing visitation, you cannot allow your child to ignore their other parent.
You will need to communicate with the other parent about what is happening. Let them know the child is going through something at the time and does not want to see them. They might be doing it out of anger, or they might prefer to go out with friends, attend a school event, or go to another family member’s house.
Aside from communicating with the other parent about the child not wanting to visit them or being unable to do so because they are sick, you are also expected to encourage the child to visit the non-custodial parent when the visits are scheduled.
If your child is refusing to visit with the non-custodial parent because they refuse to take them to their school activities or sports, you can file a motion with the court. This motion will force the non-custodial parent to take the child to their scheduled appointments, extracurricular activities, and sports when with that parent. A New Jersey child custody attorney can help you request this motion from the family law court.
In New Jersey, the child cannot refuse visitation or have any say in a visitation schedule until they reach the age of adulthood, which is 18. This means that as the custodial parent, you are required to encourage visitation and help to facilitate it even if the child speaks out against being with the other parent.
However, if the child has informed you of a dangerous situation with the other parent, you should inform the police and talk to your New Jersey child custody attorney immediately. Dangerous situations include abuse and neglect. These situations don’t necessarily have to be created by the non-custodial parent either. It could be caused by someone living with them.
Do you wish to have a current child custody order modified? Is the custodial parent ignoring the court order? Discuss all of this and more with an experienced New Jersey child custody attorney from Nitti & Nitti, PC, today. Call our office, or complete our contact form to schedule a consultation.
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]]>The post What Can Alimony be Used For? appeared first on Nitti & Nitti P.C..
]]>Five types of alimony can be awarded in a New Jersey divorce case. Each for different reasons and durations. They are as follows:
Alimony protects the spouse who is at an economic disadvantage from suffering financially after a divorce. Sometimes, they are permanent, sometimes temporary. The circumstances will vary from case to case. Nitti & Nitti, alimony lawyers, can help you fairly settle these matters while you divorce.
Once a divorce takes place, spouses do not control the spending of their former husband or wife. Their finances are no longer intertwined, so they do not have the privilege or the power to control their former spouse’s spending. Alimony, while owed, is not controlled by the person paying it.
It is often spent on things that are needed to continue the life they had before their divorce. Some typical expenditures include:
Some expenses are unexpected but are still valid ways to put alimony money to use. Here are a few examples:
Sometimes, the partner paying the alimony may have differing views on how the money is being spent. But, in New Jersey, they are not entitled to dictate how their former partner manages alimony. If you still have questions about spousal maintenance, call Nitti & Nitti, P.C. for answers. Their skilled divorce and particularly alimony knowledge can guide you through this challenging and often frustrating time. Reach out today for a consultation.
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]]>The post Are New Jersey Divorce Records Public? appeared first on Nitti & Nitti P.C..
]]>Financial records, testimony about private, personal topics, and sensitive information about the children of the divorce are within divorce records. The very nature of a divorce makes many couples lean towards privacy and discretion. While these records are public, some laws have made them more difficult to access.
The Superior Court of New Jersey has full authority over who can obtain divorce information and what information they can obtain. There are fees charged to people who want to acquire divorce records when they are not one of the divorced parties.
Some of the information from the divorce documents is redacted. Mostly, this is personal information that could harm the parties if released for public consumption. These redacted items might include:
Even though the identities are redacted, it could be easy to conclude who was involved. Sometimes, the parties involved in the divorce may want the entirety of the information about the divorce proceedings to be sealed. Sealing a divorce case can be a highly complex task. Nitti & Nitti, P.C., can guide you through this process.
Having portions of the case redacted is a less complicated way to keep things private. Speak to your divorce attorney about your concerns.
Archives from a divorce case include a few different documents. The divorce certificate is easily obtained. It declares that a divorce has been completed in the state of New Jersey by a superior court. These documents are required when a person wants to change their name after a divorce or apply for a new marriage license.
A third party will be charged a fee if they wish to obtain a copy of another couple’s divorce certificate.
Divorce decrees provide more detail than divorce certificates. More detail is included in these documents, such as the following:
The distribution of divorce decrees is the responsibility of the Superior Court of New Jersey Records Center. They maintain the records and distribute them as they deem appropriate.
Complete divorce records are possible to obtain, but third parties will find it more challenging to access these. These records contain things like the following:
The divorced couple will each be given a copy. But for a third party to acquire the complete divorce record, they must apply and pay a fee. Typically, this fee is around $10.
Nitti & Nitti, P.C., divorce law attorneys in Essex county, New Jersey, are available to help with any questions you may have. They understand New Jersey law and offer guidance about divorce documents and how to have them sealed or how to have sensitive information redacted. Your privacy is important, and our experts understand how to help.
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]]>The post Preserving the fate of your business when divorcing in New Jersey appeared first on Nitti & Nitti P.C..
]]>Entrepreneurs can take these steps to help shield the value and future of their companies when a marriage ends in the Garden State.
You can ask your spouse to sign a postnuptial agreement that designates your business as separate property. You can also use your business bylaws or partnership agreement to establish a certain percentage that would go to each owner’s spouse in the case of divorce.
Establish distinct business and personal bank accounts and credit cards if you do not already. Your spouse can easily argue that he or she deserves a share of the business if you mix company funds with the home budget. You can also run into tax or legal issues.
By the same token, pay yourself a salary as the CEO of your company. Doing so provides another level of separation between your personal and business life.
Document the involvement of your spouse in your business. He or she may have less of a claim to a percentage of its value without participating in operations.
Following these strategies can help you keep your business solvent when you decide to end your marriage in New Jersey. You can agree with your spouse on a property division arrangement or ask the judge in your case to decide in court.
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