NJ-Child Support Lawyer

HUDSON COUNTY DIVORCE LAWYER: 5 REASONS YOU SHOULD HAVE A PARENTING SCHEDULE THROUGH THE FAMILY COURT

One of the biggest issues in family court-divorce court in New Jersey is: parenting time and child custody. As a family law attorney in Jersey City-Hudson County, I have represented 100s if not 1000s of people in family law-parenting time concerns in the Hudson County Family Court which is located at 595 Newark Avenue, Jersey City, NJ. This article is intended to provide common sense tips in child custody/parenting time cases in New Jersey. I use my experience as an attorney and my life experience as a father to offer these tips from a different vantage point. Some points may be overstated or repeated in various articles I have written but it is because these tips are the same tips that work and help people over and over again. Each case is different but if the parents truly care for their children, which is always my hope, we can come to a parenting schedule that promotes parenting time for both parents. This is key for the well-being of the children. However, in cases were one parent is “toxic” or is trying to ruin the relationship between one parent and child, a stricter schedule and therapy may be needed, we can help you. Below are just five reasons why you should have a set parenting schedule:

  1. You and the children will benefit from a structured schedule. They will know where to be, what to expect, look forward to that time and so on. Less confusion, less problems.
  2. The set schedule will become a routine and the children will begin to have routines at the alternate residence to do homework, school projects, activities, etc.
  3. It gives you a set time for yourself which is needed between work, caring for the kids and all other things that you may need a rest from.
  4. The more detailed the plan, the lesser chance you will have fights and return to court. Make it as black and white as possible.
  5. With a set schedule, it gives your ex less of a chance to try to control you through the children and will limit unnecessary communication.

When the relationship is tense, in a divorce, leads to arguments, it is best to just have the rules set in a parenting schedule so a limit on needless communication is in effect and will only help you. If you have a family law case, domestic abuse/restraining order case, divorce in Hudson County, I suggest you give my office a call to discuss these matters further. We can be reached in our Jersey City office on: 973-337-9643.

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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.

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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

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.

Common Sense- Shared Parenting Does Not Work When Parents Live Far From Each Other

Some people will do anything to get back at their spouse, some people will do anything to pay little to no child support including an unrealistic shared parenting plan. Shared parenting is geared for people with young children and/or who live near each other. However, many people do not think how going from one house one day to another the house the next day and back and forth leads to further confusion and tension for the child. Children need stability and rules. When children are shuffled from one home to the next, who sets the rules? What is the homework or school project routine? How do they build friendships in their neighborhood if they are always running from one parent’s home to the next?

Recently we had a case where the mother lived in Jersey City and the father lived in Weehawken. The father refused to allow the kids who were getting older to live in one home consistently and even tried to register the children in his school district despite the mother being the primary custodial parent. When we argued in court, the Judge ruled in our favor that while the parents live in the same county, it can easily take one hour to get to and from Jersey City to Weehawken and that the distance was not conducive for the children’s well-bring for a shared parenting plan and that of course, the children should attend school close to the primary parent’s home.