Jersey City Car Accident Lawyer

Shared Parenting and Divorce, When Does it Make Sense?

In the “old days” when people got divorced or when people decided not to live together anymore, the non-custodial parent would often have a “traditional” parenting schedule which usually consisted of every other weekend parenting time. This type of parenting time greatly limits a parents ability to actually parent and becomes the “fun” parent, taking the child to games, to activities while the custodial parent would make all the day to day decisions. This form of parenting time has been found to hurt children in some cases but in other cases, the children have stability and are not dizzy from all the back and forth from one home to the next. The age of the child is very important in the determination of parenting time. A child custody case can be a separate action or it could be part of a contested divorce.

In a recent case, the child was less than 5 years old. The father was not involved in the day to day activities and upbringing of the child despite lying under oath that he was very active. The father presented pictures of matching tooth brushes in the two different homes, matching plates, cups, etc., to avoid confusion. Well, his attempt failed as a child is not going to be confused about which color toothbrush will be there or what kind of dish he or she will eat on but the confusion comes to more important things which the absent father could not understand. For instance, the rules set by one parent may be different than the rules of the other, non-custodial parent. The bed time and routine of a young child is critical and if the parents cannot agree, a shared parenting schedule will not work at such a young age. Only an active parent would know that or someone with common sense, something that is often lacking in courts especially when litigants lie.

If you seek more information about child custody cases from Jersey City Child Custody Attorney Santo Artusa, click here. You can also click here to learn more about our child support cases and for our home page which outlines all of our family law services, click here.

We have successfully represented people concerning family law and divorce matters in the Hudson County Family Court, Essex County Family Court and other courts in New Jersey for parents in both situations. If you have a parenting time issue or custody case, contact us today for an appointment in our Jersey City office on 201-706-7910.

NJ-Child Support Lawyer

Keys to Obtaining Custody of Your Child or Have More Parenting Time

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS AND FAMILY LAW ATTORNEY

Seeking a family law attorney to help you obtain Custody of Your Child? Are you seeking a New Jersey Court order to have parenting time or visitation with your child? Do you have a court date with Judge Mirtha Ospina? Judge Anthony D’Elia?
We can Help You Right Away

This is What You Need to Know-We have been through this before.

As a New Jersey Family Law Attorney and Child Custody Attorney  handles requests for Parenting-Time in Jersey City, Hudson County, New Jersey, and throughout the State and I have seen and dealt with some very difficult situations. When parties argue, when parties go through a divorce, one party because of their anger or shock over the realization that the marriage is over can lead to one parent “poisoning” the children by talking negatively about the father or mother and this leads to alienation and the refusal to permit a parent to see their child. Father’s rights have become a more important and considered topic in the family courts today, more and more Judges are listening to fathers’ who want to see their children, who have been refused, who have suffered from the alienation. In cases where the parties were not married, the anger can still be present and the custodial parent can still talk about the other parent in a bad way which helps nobody. The Judges that decide these cases in Hudson County are: Judge Maureen Mantineo, Judge Mirtha Ospina, Judge Vito Sciancalepore, Judge Maloney-Espinales, Judge Nesle Rodriguez, Judge Mark Baber.

  • Do you have a court order in New Jersey for parenting time but want more time with your child?
  • Do you have a court order for parenting time and the custodial parent refuses to honor it?
  • Are you seeking a New Jersey court order granting you specific parenting time to avoid problems?  We can help you.

In my opinion, one of the hardest things in the world is not being able to see your child. Trust me, I know what it is like, I have been there before, it hurts, it is unfair but with the right plan, there is hope, a great deal of hope. If this occurs, contact the Family Law Attorney at the Artusa Law Firm today on 201-706-7910.  Dealing with not being able to see your child when you want to or even when you are “scheduled” to see your child, the custodial parent makes it near impossible to see the child, talk to the child, communicate in any fashion DONT LET THIS HAPPEN, contact an attorney. Even worse is if your child indicates that he or she wants to live with you but you feel helpless in putting your child in the middle. However, as time goes on, you may reach a tipping point where you have no choice but to seek custody or seek more parenting time. Regardless of how the parents feel about each other, the child needs BOTH parents. Alienating a child from one parent is a sin, it is abuse that your child feels.

Working with an aggressive attorney who can obtain a court order or enforce a court order for you is critical to your rights as a parent. For more information about the tools available in child custody and parenting time cases, please visit Hudson County Child Custody and Parenting Time Lawyer.  To read our post about parenting time in Hudson and Essex,https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Favvolawyers%2Fposts%2F1302286639786606&width=500

Seeking a court order or seeking to change a family court order can be difficult. With the right family law attorney, you increase your chances of success as like any other endeavor, the more you practice, the more you learn, and the more effective you become. We focus on family law matters in Hudson County, Essex County, Bergen County, Passaic County and Union County, New Jersey almost every day. We know when a case has merit, has a chance, and frankly when the case will not succeed on its face and we will not accept the case.

If you have reached that point where something has to change and you are ready to hire an attorney who understands the facets of child custody determinations and parenting time, contact us at the Artusa Law Firm today on 201-706-7910 for an appointment. Our office is located at 35 Journal Square Plaza, Suite 825, Jersey City, NJ 07306. To learn more about our different practice areas, visit our home page here: Artusa Law Firm-New Jersey Family Court Lawyers.

Jersey City Child Custody Lawyer
Jersey City Family Law Attorney

DIVORCE LAWYER IN JERSEY CITY

As a divorce lawyer in Jersey City, I have represented people throughout New Jersey and from other states that have divorce and family law issues in Hudson County, Essex County, Middlesex County, Bergen County and Union County. Regardless if it is a simple divorce where both parties come in to sign all the papers or we must find your spouse and serve him in another state or country, we can handle it. If the case has complex child custody or diverse assets to divide, we have dealt with it and are ready to help you with your case. The best way for us to help you is if you have an idea of what you are seeking so we can evaluate your case and tell you if it is worth pursuing financially and what the positives and negatives of your case are. We will help you choose a cause of action for your divorce, inform you of what you may be entitled to and help you move forward from there. Our headquarters are located at 35 Journal Square, Suite 531, Jersey City, NJ 07306. Our main contact number is 201-706-7910. 

Every divorce case is different as are the issues involved in the case. Is your case about dividing assets? alimony? child custody? child support? parenting time? getting your maiden name back? a cheating spouse? adultery? domestic violence? extreme cruelty? If you tell us the situation, we will guide you toward the best course of action.

In a recent case we had, the spouse refused to provide his address and would not sign for the divorce papers in front of a notary. We were able to find him in Western New York, serve him, his 35 days to respond expired and we were able to have our client get a divorce and resume her maiden name, that is all she wanted and we got it. She did not want to seek a division of assets or alimony, she just wanted to move on with her life and put a bad relationship behind her.

UNCONTESTED DIVORCE

In another case, both parties came into my office and indicated that they divided any assets they had years ago, the kids are grown and they just want a divorce. We made the divorce papers for them, the plaintiff signed, we filed, received the docket number back about 2 weeks later and the spouse signed waiving his 35 days and soon enough, they were divorced without even having to go to court. Yes, believe it or not, there are many divorces that are not ugly, that there is no bad blood and people just want to move on legally as they have moved on in their lives. For more information about uncontested divorces, click here.

So if you are ready to move forward with a divorce, annulment or other family law matter in the Jersey City area, contact my team on 201-706-7910 or email me directly on santoartusa@gmail.com today to discuss your case in confidence and to setup an appointment to fully explain what is going on and we will discuss how we can help you.

Until then, Happy New Year!

 

ARTUSA LAW FIRM, P.C. 35 Journal Square, Suite 531, Jersey City, NJ 07306

Holiday Parenting Time-Prevent Issues Before They Occur

The holiday season is quickly approaching and a major area of strife is holiday parenting time. Some parents have a set schedule and others do not. Some have a set schedule but do not have exact times in place, a recipe for police calls and threats. The time is now to avoid this misery and try to resolve parenting time disputes in WRITING before they occur or occur again for many people. The more detailed people are with a holiday parenting schedule, the less chance there is for confusion and the less chance someone will violate the order or agreement if they know a Judge will fine or sanction them for purposely violating it. I always recommend that people should be fair in the holiday schedule so that both parents are able to have quality time with their children but certain situations call for safeguards and limits. Other situations call for limited time because the non-custodial parent does not pay child support, does not come around all year except the holidays and so forth. Even when parenting time calls for safeguards, it is better to do it in writing and if the other parent does not agree, go to court and get a court order where a Judge will hear both sides and make a determination.

On a lighter note, it is also playoff time so………..Lets go Mets!

Update from the Court, Modifying a Marital Settlement Agreement

Hudson County Divorce Lawyer Santo Artusa and his team represents people during divorce cases and after divorce cases have been settled or tried if some family law issues still remain or new issues arise. Sometimes when a marital or property settlement is made, mistakes are made, people may have felt forced, or changes have occurred since the time the settlement was entered. Over time, the settlement agreement may need to be changed in family court.Call us today on 201-706-7910.

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS

A recent case we had in the Hudson County Family Court in Jersey City, New Jersey brought by our firm by way of post-divorce motion seeking to modify the marital settlement agreement and seeking to enforce other aspects of the marital settlement agreement in which our client’s former spouse refused to permit parenting time over and over again. We were able to show the court that a significant change in circumstances warranted the need to modify the agreement. In the case, dad moved out of state and as time went on, he could no longer exercise his monthly parenting time in New Jersey but mom refused to cooperate to permit the monthly parenting out of state and blocked key parenting times during Christmas and other holidays. Completely unacceptable to any parent.

The court agreed that because dad was no longer able to have visits here (except in a hotel), that the monthly visits will occur out of state and found that mom violated key provisions of the agreement and was ordered to pay counsel fees and was warned that if she would return to court blocking parenting time that she would also be sanctioned.  Additionally, dad was also awarded 9 weeks of summer time parenting time in his new state. In the end, it was a great day for fathers who seek to have as much parenting time as possible and a great day showing that marital settlement agreements can be modified when necessary.

The Artusa Law Firm is skilled in matrimonial and post divorce applications in New Jersey. We can help you determine if a motion or application is ripe or if you will be wasting your time by failing a claim. If you have been served with papers by your former spouse and need representation in family court, we can help you with that as well. Our office is located in the Capital One Building, 35 Journal Square, 8th Floor, Suite 825, Jersey City, New Jersey 07306. Our office line is 201-706-7910.

For information about all of our areas of practice visit: JERSEY CITY DIVORCE LAWYER.

 

Knowing When to Walk Away in Domestic Disputes

Every Couple I know, has fought one way or another, over one thing or another whether it is over finances, infidelity, in-laws, drug and alcohol issues and beyond, people argue, it is part of being a human being. The question is when is it time to walk away? Some times one of the parties need to get up and leave for the short term or leave for good. Some situations can easily rise to the level of no return and that is the last thing anyone needs. If a situation is getting worse and you have expressed your desire to be left alone, to have the person stop contacting you, to stop harassing you or invading your personal space in your home, it may be wise to leave. It could be wise to take a picture of the person who is fighting with you and a picture of yourself especially if you have been hit or physically hurt in anyway. The goal is to be able to walk away before things get violent or arguments happen in front of the children, they do not need to see that.

Domestic Violence includes: harassment, assault, criminal mischief, sexual assault, stalking, terroristic threats, lewdness, criminal trespass, burglary, criminal sexual contact, false imprisonment, kidnapping, criminal restraint, and homicide.

You may be married, you may live together, you may be dating, you may have a child together, either way, when it appears that there is no turning back or you need to protect yourself and seek an attorney to help you through the family law or criminal courts, contact us on 201-706-7910.

Settling a Family Law/Divorce Dispute vs. Going to Trial

During the divorce process or a different family law dispute, you have an opportunity to resolve your case through a settlement agreement or by having a judge decide. When you have a judge decide, what you get is a decision. With a decision, many people feel the judge does not know or missed certain points but the truth is, judges are busy and try to be fair to both parties but often, in family court, the outcome is worse than reaching an agreement. When making an agreement, both parties have input, in a trial, it is one person against another and many times what is said is lost somewhere in the middle. A sign of a reasonable deal is where both parties made concessions and can live with the deal. On the other hand, when the Judge renders a final order, your say is finished (except for an even more costly appeal). When you have a family law or divorce case, do your best to work with a lawyer who wants to help you settle, or a lawyer who will mediate between the two of you. Aside from that, have the mindset that you want to resolve the matter too. Making completely unreasonable demands will only make the other side walk away from the table.

In the end, the best way to settle your case is to be prepared. A lack of preparation is a sure way to fail. Prepare, Prepare and Prepare more. If the other side knows you are ready to litigate, they will be more inclined to settle.

Best Divorce Attorney in New Jersey, How to Determine?

Martindale Award for Client Distinction 2015
Martindale Award for Client Distinction 2015

People often ask or look for the “best divorce attorney in New Jersey, in Jersey City, in Morristown, etc”. Who is best depends more on you than on the attorney. Each case is different and the results will vary greatly depending on the facts, the judge, the timing, etc.

What maybe great about one lawyer (writing skills), maybe second to court presence for another lawyer. To me, you need a bit of both. You need to be a great writer, reader, analyzer, speaker, have a great presence in the courtroom, you need to be able to think quick, argue respectfully, treat the court respectfully and of course, show your client respect. There is no simple solution to who is the best lawyer anywhere, but researching or better yet, meeting with the prospective attorney to see if you have professional chemistry with that lawyer. There are many sites that rate attorneys, I am on several of these sites including avvo.com.

If you seek a professional consultation about your family law or divorce situation, contact my office today on 201-706-7910. We are located at 35 Journal Square, Jersey City, NJ 07306.