Oct
17
Passport Denial Program & Back Child Support
Filed Under Child Custody & Visitation, Child Support, Father's Rights in Family Law | 1 Comment
A few reputable blogs (here and here) have recently posted on the State Department’s Passport Denial Program.
In short, the State Department denies passports to non-custodial parents who owe more than $2,500 in back child support. Once the non-custodial parent is no longer in arrears, he or she may reapply for a passport.
With the new western hemisphere initiative, requiring a passport for travel to Canada, Mexico and the Caribbean (not Puerto Rico, though), money obtained through the Passport Denial Program is set to double versus last year.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Oct
12
Parenting Coordinators as Referees for Divorcing Mom & Dad
Filed Under Child Custody & Visitation, Child Support, Father's Rights in Family Law | Leave a Comment
The Wall Street Journal recently ran a piece about using Parenting Coordinators to establish communication procedures to help divorced or divorcing parents work together more effectively in the best interests of their children. This piece was quoted by a few notable weblogs, such as here and here, Below is a short excerpt:
In the past decade, more states and counties have put in place statutes or programs spelling out rules and qualifications for parenting coordinators, though practices still vary widely across the country. About a dozen states, including Colorado, North Carolina and Oklahoma, now have statutes giving authority to parenting coordinators, most of them also setting rules for how they should practice, says Barbara Bartlett, a Tulsa, Okla., attorney who has tracked the laws. A growing number of jurisdictions, such as some counties in New York and New Jersey, use coordinators regularly even without state statutes.
The Association of Family and Conciliation Courts, a group of family-law and mental-health professionals, issued guidelines in 2005 outlining appropriate practices and training. The group, based in Madison, Wis., also holds parenting-coordinator training sessions around the country. Still, states have yet to adopt formal licensing or accreditation for parenting coordinators.
As the field grows, with wide variation among states and counties in how the coordinators are used, some parents and legal professionals are becoming concerned. Some coordinators may not be well-equipped to handle extremely high-conflict parents or really tough situations involving domestic violence, substance abuse or severe mental illness.
Brian Schwartz, a Summit, N.J., family-law attorney, says that although parenting coordinators can be very valuable, they may have too much authority in some cases and may limit parties from going to court when it may be in their best interest. He’s also concerned about the cost of the service, especially if the two parents have very different financial circumstances. “Unfortunately, parenting coordinators are used too often as a crutch,” he says. “Judges believe if two people can’t get along, a parenting coordinator will solve everything.”
I would add that my experience has been that parenting coordinators work well regarding communication between parents, but aren’t always well-equiped to deal with the needs of special education children.
In addition to our family law practice, our firm has many school districts as clients and we’re often asked to assist school districts with residency issues or special education matters. Invariably, the agreements that parenting coordinators draft demonstrate little understanding of the New Jersey school law statutes or Federal laws on special education (IDEA). It doesn’t have to be us, but I would recommend that if you have a child or children with special needs you make sure that your lawyer is equipped to deal with those issues, even if the parenting coordinator is not.
Posted by Victor J. Medina
Medina, Martinez & Castroll, LLC
Oct
1
Can Your Ex Move Your Children Out of New Jersey?
Filed Under Child Custody & Visitation, Family Law Basics, Father's Rights in Family Law | Leave a Comment
This recent post on the Missouri Divorce & Family Law Blog on removal of minor children out of state prompted me to post on the same subject as it relates to New Jersey law.
As it always the case regarding minor children, the courts are concerned with the best interests of the child. The New Jersey statute governing removal of minor children, specifically N.J.S.A. 9:2-2, is there to preserve the rights of the non-custodial parent and his/her child to develop and maintain their familial relationship. Absent a consensual agreement between the parents, the relocating spouse must obtain a court order to permit the move.
Because moving out of state will significantly impact the parenting schedule and may possibly negatively affect that relationship, the courts place the burden on the custodial parent to demonstrate why the move should be permitted. To succeed on their bid to move out of state, the relocating spouse must show that (1) there is a good faith reason for the move and (2) that the relocation will not be contrary to the child’s best interests.
To that end, the New Jersey Supreme Court has set forth 12 factors that must be considered when determining whether the relocating parent will succeed on that bid. The 12 factors are:
1. The reasons given for the move;
2. The reasons given for the opposition;
3. The past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
4. Whether the child will receive educational, health, and leisure opportunities at least equal to that which is available here;
5. Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
6. Whether a visitation and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child;
7. The likelihood that the custodial parent will continue to foster the child’s relationship with the non-custodial parent if the move is allowed;
8. The effect of the move on extended family relationships here and in the new location;
9. If the child is of age, his or her preference;
10. Whether the child is entering his or her senior year in high school, at which point he or she should generally not be moved until graduation without his or her consent;
11. Whether the non-custodial parent has the ability to relocate; and
12. Any other factor bearing on the child’s interest.
In the past, there was a presumption that moving out of state would cause major harm to the children and winning removal cases was very hard for relocating parents to do. Recently, the New Jersey Supreme Court made it significantly easier for a parent to move out of New Jersey when they decided Baures v. Lewis. The Court noted that there was a growing trend in the law easing restrictions on the custodial parent’s right to relocate with the children.
If the relocating parent can make a prima facie case of meeting the minimum threshold to being granted permission to move the children out of state, a plenary hearing will be held where both parties can make their case.
If you get wind that your ex is looking to leave the state, or if you, as the custodial parent, are looking to move out of state with the children, the best thing you can do is retain the services of a competent family law attorney.
Posted by Victor J. Medina
Medina, Martinez & Castroll, LLC
Sep
18
First Post
Filed Under Adoption & Guardianship, Alimony, Alternative Roads in Family Law, Assets & Debts, Attorney-Client Relationship, Child Custody & Visitation, Child Support, Divorce & Separation, Domestic Abuse, Family Law Basics, Father's Rights in Family Law, Impact on Children, Marriage & Family, Mediation & Collaboration in Family Law, Property & Asset Distribution | Leave a Comment
It seems that every weblog starts with a post called “First Post” and I don’t want to jinx the success of this blog by deviating from the standard. Not to mention, this gives me a chance to test the blog. So, here’s “First Post” - this is going to be a great resource for family law, especially in New Jersey.