Category: Parenting Time

Discuss Child Custody-Related Challenges with a Brick and Sea Girt Family Lawyer

Bronzino Law Firm educates and guides parents through child custody matters that can become some of the most contentious issues addressed in Ocean and Monmouth County NJ family court

Child custody battles often leave scars that may take years to heal if ever. Despite this custody battles are sometimes unavoidable in situations where you expose a safety risk to your kids, if your ex is obstructing your visitation time or if co-parenting is next to impossible. Through mediation and other forms of low conflict resolution is preferred whenever possible, in many cases going before a judge maybe your best option for safeguarding your relationship with your child, and in some cases, the very safety of your child.

Whether you are the initiate or respondent to litigation it is important to know what you’re fighting for. It is critical to enter court with compelling evidence and clear goals. For example, if your ex has been denying you access to and visitation with your child you will need to provide the court with evidence that shows the parenting time that was purposefully blocked or interfered with.

Define your Goals and Remain Focused on the Children

Moreover, your goals entering any proceeding must be clear. Are you seeking sole or primary custody and if not how much parenting time does you feel you will need to be able to meet not only your child’s but your emotional needs. You should be able to back this information up with an unambiguous statement to the judge that you’re there because you want your current parenting time plan to be enforced or that you need changes to be made. It is critical to stay focused on your main points and not wander into other issues that may not be relevant.

Expect the Worst from Opposing Counsel and Document any Poor Parental Behavior

Given the raw emotion involved in child custody cases, you should expect that things could get ugly. Depending on the nature of your battle, you may need to face assertions from opposing counsel that are at best unflattering to you and your parenting, and at worst, completely untrue. Despite this, you must stay calm and work with your attorney to provide evidence to refute any invalid claims. On the other hand, you will have to truthfully document all your ex’s parental shortcomings to bolster your claims and your case overall. An experienced attorney can help you prepare your statements so that they are pertinent and impactful.

Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJ

Child custody hearings are seldom easy. However, there are several steps you can take to be prepared and to make the process go far more smoothly and in your favor. These include:

Being organized…

will help you feel more in control. If you are not a naturally organized person this may sometimes be difficult but it is always helpful. Putting all documents in a notebook or file folder that you keep in a designated space will give you the peace of mind of knowing that when and if they are needed they will be available and at hand.

Compartmentalize…

your work on your child custody case from the rest of your life because living your custody battle 24/7 will cause you untold stress that can lead to both physical and psychological health problems. Being rested is incredibly helpful for keeping your thoughts clear and focused.

Practicing strategic communication…

can help to minimize drama and unnecessary conflict. Avoid face-to-face and phone contact as much a possible until your matter has concluded. In cases where your ex persists in writing or texting inflammatory messages or threats, Do Not Respond. In many cases, your former spouse or partner may know exactly what buttons to push in order to illicit a response. Do not take the bait. Simply print out messages and give them to your attorney. If communication is needed to be brief, informative and neutral in tone.

Practicing self-care…

is essential. Given that you cannot pour from an empty cup, your own health and mental well-being are critical. Don’t forget to stay up to date with medical and dental care as well as eat and sleep properly. It is recommended to shift your focus to other, positive activities whenever possible such as social engagements, hobbies, exercise, and meditation. If you feel embattled emotionally, see a therapist who specializes in high-conflict divorce.

Remember good preparation, a good mindset, and an experienced attorney are your best assets when dealing with any child custody issue.

Contact a Wall Township Child Custody Lawyer Today to Help Navigate the Challenges Ahead

If you or a loved one are going through a child custody dispute it is critical to have effective legal counsel and representation at the outset or as soon as possible. At Bronzino Law Firm, our team of attorneys is experienced in supporting and fiercely representing our clients in child custody proceedings in Toms River, Point Pleasant, Brick, Wall, Sea Girt, Spring Lake and the greater Ocean and Monmouth County Areas. No matter your situation you don’t have to confront it alone.

To connect with our firm today in a confidential and comprehensive assessment of your case, visit our online form or call us at (732) 812-3102 to learn more about your options.

Spousal Opioid Addiction: Our Brick NJ Family Lawyers Are Here to Help

Serving Clients in towns throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey

New Jersey is facing an alarming opioid addiction epidemic. To combat this crisis, the Murphy Administration will receive three federal grants totaling $30.6 million to fight the opioid crisis through initiatives aimed at preventing overdoses and expanding treatment and recovery services. Substance Abuse and Mental Health Services Administration (SAMHSA) and Division of Mental Health and Addiction Services (DMHAS) are expected to receive $21,566,035 for a series of initiatives to expand access to Medication-Assisted Treatment (MAT), Narcan, and alternatives to opioid pain medication.

Can My Marriage Survive my Spouse’s Opioid Addiction?

If you are married to an addict, the impact of watching someone you love go down a spiral of addiction, the same time as your marriage seems to be on a crash course towards divorce, can be devastating. With a 29% increase in opioid-related overdose deaths in New Jersey from 2016 to 2017, of which over 50% involved fentanyl and fentanyl analogs, it’s clear to see how opioid addiction can have drastic effects on marriages and families.

This spike means it’s not uncommon for spousal addiction to lead to either separation, civil union dissolution, or divorce. Opioid addiction is often stronger than the threat of divorce, and an indication of the level of your loved one’s addictive illness, so it’s critical for couples to seek professional guidance as an effective strategy for treating the illness and saving the relationship.

Encouraging Spousal Communication Between Addicted Spouses & Their Families

Having a spouse who lies, hides their addiction or makes promises they don’t keep, may leave you wondering if you can ever trust your partner again. Communication between spouses and family members can be difficult or even non-existent in a relationship where addiction exists. You and/or your children may have trouble expressing your needs and may not want to contribute additional stressors to an already challenging relationship dynamic. Acknowledging the addiction and encouraging your partner to face their addiction and seek professional treatment, is a positive opportunity to participate in the therapeutic process together as a family through ReachNJ or Nar-anon.

It is vital to find a therapist or marriage counselor who can help you deal as a couple with the marital ramifications of substance abuse or who may be able to refer you to the New Jersey Division of Mental Health and Addictions Services’ (DMHAS) inpatient/outpatient treatment options or their directory of physicians or facilities in your area.

SAMHSA’s Behavioral Health Treatment Services Locator also provides a confidential and anonymous source of information for persons seeking treatment facilities for substance use, addiction, and/or mental health issues.

Can I Be Held Financially Responsible for My Spouse’s Substance Abuse Problem in Ocean County, NJ?

As the partner of an addict, you may have dealt or be dealing with unacceptable behaviors (i.e., lying, chronic illnesses, cheating, domestic violence, etc.) and potentially be put in a position of legal responsibility for that person if they are engaged in reckless driving, driving under the influence (DUI/DWI) and injured someone or damaged their property, engaged in disorderly conduct, were charged with a drug crime, or to have been in possession of drugs or illegal prescription drugs, or who created a sizeable marital debt and other financial issues as a result of opioid addiction. Despite it not being your fault, if your spouse is required to pay damages awarded in a lawsuit or insurance claim or debt they incurred, more than likely this will mean using your hard-earned dollars or sweat equity to cover their mistakes.

Though distressing, filing for legal separation can help you maintain your marital status and free you from being financially tied to your spouse.

Is My Codependency Enabling My Spouse’s Substance Abuse?

It’s heartbreaking to watch someone you love in pain or struggling. Like all spouses of drug addicts, you’ll need to learn how to avoid codependency, improve upon communication skills, and acquire healthy coping mechanisms for stress. Enabling one’s spouse by consistently bailing them out of legal woes or the many other difficulties that result from addiction is not the answer. In fact, codependency or “rescuing behaviors” may delay your spouse’s search for treatment and recovery. Support, treatment, and guidance from experienced mental health professionals and addiction specialists is essential.

Can Opioid Addiction Negatively Impact Child Custody Matters in Brick, NJ?

Parenting time relationships are negatively impacted by addiction and substance abuse problems. Children need stable parental figures and when a parent suffers from addiction, both parents are unavailable. There is also a lack of stability and consistency for the children. In addition, when a parent struggles with drug addiction, their child custody or parental rights may be affected. Though the Division of Child Protection and Permanency (DCPP) may remove a child from a parent if they abuse drugs, Family Court may also deny a parent custody, modify their child custody, or terminate their parental rights, if they have untreated substance abuse or addiction issues, and if they do not seek treatment of some kind. Fortunately, treating the underlying illness is often seen as critical to keeping and protecting custody and parental rights.

The Road to Recovery and Moving Forward

Your spouse’s journey to get and remain sober is going to be long and difficult. If they’re unwilling to get help, an intervention strategy might be necessary. Because professional intervention can be expensive, organizing something among friends and family might be more practical. Regardless of the treatment option your spouse chooses, it’s essential they are surrounded with a support system that will hold them accountable to their commitment to stay clean.

Contact an Experienced Family and Criminal Law Team in Ocean and Monmouth County today

If your spouse has a history of addiction problems, he or she will usually be at a detriment in several aspects of the divorce. Courts take substance abuse issues very seriously, and there can be stiff repercussions in a divorce case for an addicted spouse, particularly when it comes to child custody.

If you are divorcing a spouse with substance abuse issues, you should contact a local family law attorney to help you with your divorce strategy. Contact us online or through our Brick, NJ offices by calling (732) 812-3102 today for a free and confidential consultation regarding your concerns and the role that a history of abuse has had on you and your family.

Dating as a Single Parent Reviewed by Brick Child Custody Lawyers

Advising Clients in towns throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey

Dating can be empowering and boost one’s self-esteem when compared to the unappreciated, undesired and out of control feeling one going through a divorce might experience. The emotional stress and financial strain of a divorce or a civil union dissolution can make the idea of dating or get into a new relationship unthinkable, but for many, it can be seen as a breath of fresh air and a chance for a new beginning. As a single or soon to be single parent, one hopes that their new partner shares a respect for parenthood, an understanding for the complexities of child custody, has patience for the challenges of co-parenting, and a sense of personal boundaries when it comes to custody arrangements, financial responsibilities of child support, and the emotional well-being or best interests of their child. Whether the new partner understands it or not, they must respect the importance of this parent-child relationship and how it may impact various aspects of their new relationship landscape.

Things To NOT DO Prior to or Soon After Your Monmouth County, NJ Divorce

Your children and their best interests are your number one priority. As it relates to your new romantic partner, DO NOT:

under any circumstances, bring them to court
allow them to contact your spouse whether by post, phone, text, email or social media
create a dating website profile
showcase your new romantic relationship, as if you are already divorced
spend marital money on your romantic partner
allow them to parent or discipline your children

Can Dating Negatively Impact my Point Pleasant, NJ Child Custody Matters?

Significant others can potentially have an effect on child custody in certain circumstances if it impacts the child’s best interest. If one parent is spending a substantial amount of time with the new love interest, especially at the expense of quality parenting time with the children, then the judge may take the relationship into account. If the new partner engages in domestic violence or substance abuse, this potential danger to the children due will be taken into account not only informing the initial custody order but if one parent must ultimately return to court to modify the parenting schedule to keep the children safe from the new significant other. In brief, parents need to make sure that the behavior with the new boyfriend or girlfriend is not disruptive to a child, as the child’s needs must take priority above the parent’s desire to start entering a new relationship.

What is the ‘revolving door’ syndrome?

The ‘revolving door’ syndrome occurs when children seem to constantly be meeting a series of new dates, week after week. This is not fair to the children. If you are on friendly terms with your ex, many relationship experts suggest discussing with them how new partners are introduced, so you both adopt a similar approach. It may also be possible to consider the option of meeting the new partner before they are introduced to the children. The sudden introduction of a new person can be awkward and is not necessarily fair to the children or yourself.

In New Jersey, there have been legal and moral debates regarding to what extent children of marriage should be exposed to their parent’s new romantic partner, during a separation or once divorced has been finalized. Some couples may have a “paramour clause” or “DeVita restraint” in their divorce or custody order that restricts the parties’ ability to expose the children to new romantic partners. Named after DeVita v. DeVita, 145 N.J. Super. 120 (App. Div. 1976) recent case law indicates that the attitude of the courts is changing with the times.

In Mantle v. Mantle, an attempt to enforce a DeVita restraint came before the court. Although the divorcing couple agreed to an indefinite ban on exposing their child to a new romantic interest, the mother alleged her ex was allowing his new girlfriend to have contact with their child during his parenting time. This was despite the girlfriend not doing anything deemed inappropriate or harmful to the child. Although both parties agreed to the “Devita” clause, the court refused to enforce it, noting that the DeVita case law no longer reflected societal norms and that it was no longer unusual for new romantic partners to spend the night, even in the absence of marriage.

To that end, the court agreed that future DeVita clauses must be reasonable and based on the best interest of the child. In addition, the judge decided the parents may introduce new partners to the child after six months, and those partners may start spending the night after a year.

If you are in a similar situation and are unsure what to do, speak with a family therapist, who can help you decide (based on your unique situation) the most appropriate way introduce a new partner into the children’s lives and lessen the amount of fear, discomfort, and uncertainty the child may experience

A Dangerous Mix: Dating and Parental Alienation Allegations in Toms River, NJ

Even in the most amicable divorces, co-parenting relationships can be stressful and cause parents to behave irrationally, resulting in high-conflict custody situations or parental alienation. Parental alienation is any action (or inaction) intentionally or unintentionally taken by one parent which results in their children harboring negative feelings towards their other parent. Many former or soon to be ex-spouses, may have struggled to cope with physical versus legal custody matters. Though some parents may intentionally try to sabotage their child’s relationship with the other parent, others may not even realize that what they are doing is considered parental alienation when they speak negatively about the new love interest(s) of their ex-spouse. New Jersey family courts frown heavily upon parental alienation, and legal action such as a child custody modification may become necessary in order to make sure the child’s best interests are met.

Is Dating in During my Divorce Considered Adultery in Ocean County, NJ?

When a party begins a divorce action, the marriage is considered “dead.” Starting over can do wonders for your mental health and sense of self-worth. Since divorce can be a long process, it comes as no surprise that some people may start moving on before or during the divorce. By embracing positivity one can set the scene for an amicable divorce and rational decision-making process.

Though technically, getting a bite to eat or seeing a movie isn’t considered adultery, even if the participants have more than friendship on their minds, most dating experts and experienced family lawyers recommend waiting until your divorce is finalized before your begin pursuing new romantic interests. Some people might think that adultery is only committed when sexual contact is made between a married individual and someone who is not their spouse, not really considering non-consummated “affairs of the heart” can be just as emotionally damaging to the trust and longevity of a relationship.

Each divorce is different, so consulting an experienced attorney about your options regarding separation prior to divorce, can help you better understand your rights and options as you move forward.

What Financial Impact Could Dating or Adultery Have on my Brick, NJ Alimony or Spousal Support?

One should not underestimate the effect dating might have on the other party’s emotional state; which can impact that person’s decision making in the divorce process and cause them to take unreasonable positions regarding alimony and spousal support because they are angry or upset.

Adultery, in general, does not increase the amount of spousal support one might receive. Since New Jersey is a no-fault divorce state, if one spouse alleges adultery, the name of the new significant other needs to be included in the divorce pleadings. In addition, if the cheating had a detrimental financial impact on the marriage (i.e., lavish spending or gift giving) or personal property was somehow dissipated for the benefit of the extra-marital relationship, it may be possible for the court to take that into account.

You may lose your alimony if you are cohabiting with a partner in a marital-type relationship. Accordingly, you need to remain cognizant of how living with your new partner may affect the amount of alimony you receive in divorce or whether your ex-spouse can make an application to terminate alimony based on your cohabitation after divorce. It is important to note that this is a one-sided consequence. If you are paying alimony, feel free to date to your heart’s content – it won’t affect your obligation to pay your ex-spouse alimony.

Contact Us At Our Brick Or Sea Girt Office Locations

At the Toms River, NJ law office of Peter J. Bronzino, we understand how important your children are to you, and we are ready to work with you to pursue a co-parent or child custody arrangement that works for you and your children.

To speak with our offices today in a free consultation about your child custody issue, please contact us online or through our Brick offices at (732) 812-3102.

Brick Family Lawyers Promote Domestic Violence Awareness Month

Educating Clients in towns throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey

What began in October 1981 as a “Day of Unity,” to end violence against women and children, is now a month-long event, during which advocacy groups promote local resources, conduct education campaigns, and raise awareness through understanding and knowledge of intervention strategies.

Something to keep in mind this and other months is that one of the most critical aspects to help and support victims of domestic violence is to not be afraid to speak to them or ask if they need help when one observes the signs of domestic violence.

National Coalition Against Domestic Violence (NCADV) says:

Nearly 20 people per minute are physically abused by an intimate partner in the United States
1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, intimate partner contact sexual violence, and/or intimate partner stalking
In 2018, the National Domestic Violence Hotline received more than half a million calls, texts and online chats – its busiest year to date
According to the hotline (which has provided 24-hour, year-round support since 1996), the 573,670 calls and other communications in 2018 were a 36 percent increase from 2017. Of these callers:

88% said they were experiencing some sort of emotional and verbal abuse;
60% said they were the victims of physical abuse;
24% said they were subject to financial abuse, such as their partners stealing money or limiting access to money;
5% reported digital abuse, which includes GPS stalking, relentless texting, and unauthorized home surveillance; and
11% said they were experiencing sexual abuse

The presence of a gun in a domestic violence situation increases the risk of homicide by 500%
Intimate partner violence (IPV) accounts for 15% of all violent crime
A CDC and Office of Juvenile Justice and Delinquency Program stated that 1 in 15 children are exposed to intimate partner violence each year, and 90% of these children are eyewitnesses to this violence
Adverse outcomes that result from exposure to intimate partner violence in childhood include an increased risk of psychological, social, emotional and behavioral problems, mood and anxiety disorders, post-traumatic stress disorder (PTSD), substance abuse and school-related problems in children and adolescents

The Impact of Fear in Domestic Violence Cases

Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, gender, socioeconomic backgrounds, and education levels. Because it occurs in opposite-sex and same-sex relationships, among intimate partners who are married or living together, or have a child in common, or are dating, the cyclical nature of abusive behavior by one partner against another, often means that the decision to leave or call the police may be impractical or not even feasible.

On a personal level, domestic violence can wreak havoc on one’s life, sense of security and well-being. It is a frighteningly common issue and legally complex. Many victims fear reprisal or have been told that if they leave or seek help from law enforcement, the aggressor may take even more extreme action (i.e., hurt or kill the victim or someone close to the victim, take custody of their children, withhold financial means, etc).

Since the victim may be reliant on the aggressor to pay a household or other related expenses – this emotional dependency, verbal, financial, and sexual abuse, in addition to fear, often prevents victims from leaving sooner, because they feel trapped.

How Does the NJ Prevention of Domestic Violence Act Protect Victims of Abuse?

The New Jersey Prevention of Domestic Violence Act, (PDVA) recognizes “domestic violence is a serious crime against society” and as a cycle of violence that can be difficult to break. The law contains both civil and criminal remedies. Victims may file a civil complaint to obtain a civil restraining order through municipal or Family courts, and mandatory arrests involve the criminal justice system when a criminal complaint is filed.

Both complaints should be filed for your protection and have serious consequences for violators. The civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser. The criminal charges against the abuser can result in jail, fines and other penalties. Especially in matters of domestic violence and child custody, a permanent or final restraining order (FRO) can be sought that will protect you and your family from your abuser for a more extended period of time. A FRO can also make it nearly impossible (for obvious reasons) for the abuser to locate you and the court has the discretion to make decisions with regard to custody, parenting time, child support, alimony and counsel fees.

If you were severely injured, you may be able to file a personal injury claim against your abuser to cover medical bills and compensate you for pain and suffering. Most of all, our experienced domestic violence attorneys will make sure you will never be hurt again by your attacker.

What is the Role of An Attorney in Domestic Violence Cases?

The attorneys of Bronzino Law Firm, LLC work quickly and fight hard to make sure you and your family are safe. We can be invaluable in domestic violence situations, by communicating and advocating in the courts on behalf of you and your family. Our experienced attorneys can also present evidence, cross-examine witnesses, and conduct the hearing within the rules and procedures of the court. We know court can be a scary experience, and we take on the burden and capitalize on our own experience when representing you. If you are involved in a domestic dispute, protect your rights and contact our office today.

Consult a Domestic Violence Lawyer in Ocean County Today

Experienced Bronzino Law Firm, LLC attorneys will be ready to assist you in Domestic Violence-related issues. Don´t hesitate to reach out to us and learn more about this topic and protect yourself and the ones you love.

Contact us online or through our Brick, NJ offices by calling (732) 812-3102 today for a free and confidential consultation regarding your legal concerns.

Child Abuse Attorneys in Ocean and Monmouth County New Jersey Courts

Serving clients throughout Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey

According to NJ Rev Stat § 9:6-8.21 (2013), child abuse is the non-accidental physical, mental or emotional injury, sexual abuse, or negligent treatment of a child by a person responsible for a child’s welfare. This means that a parent or caregiver (of a child under 18 years of age) acts or fails to act in such a way that causes:

physical injury
risk of death or disfigurement
impairment of emotional or physical health
inappropriate sexual contact or content
abandonment
isolation
neglect and/or
deprivation.

This may also include failing to supply adequate food, clothing, shelter, education, medical or surgical care though the caregiver may be financially able, and cases of neglect.

Minimum Degree of Care

NJ Statute NJSA 9:6-8.9 defines a neglected child as a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his/her parent or guardian to exercise a minimum degree of care. Examples of this are: willfully failing to provide proper and sufficient food, supervision, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home although though one is financially able.

NJ gets 78,000 child-abuse calls a year, and it’s trending upward

A recent article stated that over the past 4 years, the number of calls to New Jersey’s Department of Children and Families’ child abuse hotline has been rising steadily. Despite this disturbing trend, and even though the primary sources of child abuse referrals in New Jersey are from schools, hospitals, and law enforcement, not all calls result in investigations.

New Jersey is home to close to 2 million children and it is everyone’s responsibility to ensure they are safe from abuse. Child abuse occurs in all kinds of families, regardless of race, ethnic background, socio-economic status, or religious beliefs. The most common perpetrators of child abuse are mothers, fathers, relatives, babysitters, and non-related household members. The actual statistics related to child abuse are often considered underestimates due to a failure of diagnosis by medical personnel or underreporting of the problem.

Steps to Take If You Suspect Child Abuse or It Has Been Reported to You

New Jersey State Law, requires that any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse, or neglect should immediately (i.e., “right now”) report this information to the State Central Registry (SCR). If the child is in imminent danger of abuse or neglect, you are required by law to call 911 as well as the Child Abuse Hotline 1-877 NJ ABUSE (1-877-652-2873). As a concerned caller, you do not have to be sure or have proof that abuse has taken place to contact the Child Abuse Hotline. Once a report highlights that there is a risk to a child an investigation will be carried out by the Division of Child Protection and Permanency who will investigate the allegations of abuse within 24 hours.

Having reasonable suspicion is enough to trigger a report. Any person who, in good faith, makes a report of child abuse or neglect or testifies in a child abuse hearing resulting from such a report is immune from any related criminal or civil liability as a result of such action.

Contact a Child Abuse and Domestic Violence Lawyer in Ocean County Today

Child abuse and domestic violence lawyer Peter J. Bronzino, Esq. has extensive experience serving clients in sensitive criminal family matters throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey. Our firm believes in keeping clients informed and involved throughout the legal process so that we can deliver uniquely personalized legal solutions. If you are looking for an attorney who will passionately and aggressively defend your legal rights as a victim of abuse or other legal proceedings, look no further.

Experienced Bronzino Law Firm, LLC attorneys can enlist the help of physicians, mental health experts and psychologists to build the most compelling case in order to provide an effective defense for you.

Contact us online or through our Brick, NJ offices by calling (732) 812-3102 today for a free and confidential consultation regarding your legal concerns and the role that a history of abuse has had on you and your family.

Calculating Child Support in Monmouth and Ocean County Family Courts

Providing clients with Financial Guidance in Child Support Issues across Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County Areas

Primary Factors of New Jersey Child Support Guidelines

When calculating child support based on the New Jersey Child Support Guidelines, the primary factors are the custodial parents’ income, the non-custodial parent´s income, the number of children as well as the number of overnight parenting time the non-custodial parent exercises with the children.

Additional Factors Considered When Calculating NJ Child Support

Other factors that are calculated as well are mandatory union dues, whether or not alimony is paid or received, whether or not either parent pays the portion of the child’s medical insurance premiums as well as work-related daycare costs.

Call our Brick or Sea Girt Office Locations for a Child Support Consultation Today

If you need dedicated legal assistance with child support orders, enforcement, or modification in Ocean County, call the family lawyers at Bronzino Law Firm for your free initial consultation, visit our website or call us at (732) 812-3102 to learn more about your options.

Mediation, Arbitration, or Litigation in Ocean and Monmouth County Divorce Cases

Providing Experienced counsel to Divorce and Mediation clients in Brick, Sea Girt, Toms River, and Wall Township

Mediation and arbitration are often considered quick and favorable methods for couples to resolve their divorce, marital asset division, alimony, child support, and child custody and parenting time. Sometimes they are, and sometimes they aren’t. These forms of Alternative Dispute Resolution (ADR) can present a few unforeseen challenges.

Though the concept of a quick, inexpensive divorce option can be attractive, many people do not realize that arbitration awards do not need to specify findings of fact or conclusions of law; and unlike a court order, an arbitration award is subject to a very narrow and limited review on appeal. In addition, a divorce mediator does not represent either party, as their job is to merely facilitate the conflict resolution process.

Arbitrators are typically retired judges or experienced family law attorneys, so the results of arbitration are generally in line with what can be expected in family court. Selecting the most appropriate arbitrator, who has the relevant experience and knowledge to thoughtfully, thoroughly, and realistically decide the issues in your case, is critical. Because the arbitrator’s decision will generally be binding, each party should feel confident about their selection and agree to an appeal process, should it later prove necessary.

What Is the Difference Between Divorce Arbitration & Mediation in Tom’s River, NJ?

Divorce mediation involves the assistance of a neutral third party who promotes and facilitates a resolution of the issues raised by each party and can reach an agreement that is later incorporated into the final divorce judgment. Arbitration, on the other hand, is often quicker, similar to litigation, and each party has a bit more control over the process and can decide when and where the arbitration will occur. Generally, an entire day or selected group of days are designated for the arbitration to be held. Both parties agree to the rules of evidence and can call witnesses, as well as admit documents into evidence.

In contrast, agreements can be reached by the parties during mediation, but the mediator does not render a decision. Unlike courts of law, arbitrators do not have to observe the rules of evidence and have the authority to determine the relevance, admissibility, and materiality of any evidence. Furthermore, an arbitrator can allow any discovery they appropriate, as long as the objective is a fast, fair, and cost-effective proceeding. After listening to the testimony and weighing the evidence, an arbitrator provides a formal decision to each party on the issue they presented.

Can I Modify My Arbitration Award in Ocean County NJ?

The New Jersey Arbitration Act (Act), N.J.S.A. 2A:23B-1 to-32 is a voluntary procedure that provides the framework for the arbitration process (e., method, conduct, issuance of the award) and standards for confirming, vacating, and modifying the award.

In binding arbitration cases, any decisions reached by the judge arbitrator are enforceable and legally binding. Divorce settlements or other awards may be modified at a later time based on a change in circumstance, but binding arbitration decisions cannot be immediately appealed by either party for the sole reason that the decisions are not satisfactory. In order to change the outcome of binding arbitration, a family law appeal must be filed, and the plaintiff must prove that circumstances have changed or the proceedings were somehow unfair or illegal. Modifying an award is possible when:

Figures were miscalculated,
The arbitrator makes an award on an issue not before them and outside the scope of the arbitration, or
The award is so poorly written and unclear, that further clarification is necessary to enforce it.

Can I Appeal My Monmouth County NJ Arbitration Award?

If an arbitrator refused to review evidence related to your issue, was biased or partial to the other party, or acted outside their scope of power, you have a right to appeal that result. While divorce rulings and awards are affirmed more often than they are reversed, there are circumstances where an appeal may be successful.

In circumstances of non-binding arbitration, either party is free to disagree with the decisions reached, file a “trial de novo” notice, and take their matter to be settled in family court. The effect of not filing the demand for trial de novo is that the award, whether a monetary award or a dismissal, can be converted into a judgment.

Most important to note is that the court will only vacate an arbitration award under limited circumstances (i.e., fraud), which are delineated by statute.

Contact a Qualified Brick NJ Divorce Attorney to Decide on Mediation or Litigation

At the Bronzino Law Firm, we have extensive experience helping our clients to reach fair, situation-specific, and well thought out divorce and family law agreements in Ocean and Monmouth County towns such as Wall, Jackson, Point Pleasant, Sea Girt, Asbury Park, and the surrounding communities.

To speak with Peter Bronzino and our legal team today in a free and confidential consultation regarding your divorce and mediation matter or a Family Law issue you may be facing, please contact us online, or through either our Brick office or our Sea Girt office at (732) 812-3102.

File or Contest Your Child Relocation Application With Brick NJ Family Lawyers

Monmouth and Ocean County Family Lawyer with Offices located in Brick, and Sea Girt NJ

If you are seeking to relocate your child to another state and the other parent does not agree, you’ll have to file a relocation application. At that point, the court will make a determination on whether or not is in your child’s best interest to move to that state. Here at the Bronzino Law Firm, we have handled many relocation applications. We have also defended applications where the other party was seeking to take the child to another state, and our client did not want them to go. We are ready to take your matter to trial, to either relocate your child to another state or keep them here in New Jersey. We’ll also give you an honest assessment of whether or not we think your application has merit.

Contact a Relocation and Child Custody Lawyer Today

At Bronzino Law Firm, LLC we have helped many parents to successfully resolve child relocation disputes across Sea Girt, Toms River, Point Pleasant, Brick, and the greater Ocean County, NJ area.

We understand exactly how important your children, their future and your relationship with them are, and we are prepared to help you present the best possible case to any family court.

Our smaller size allows us to develop personal and attentive relationships with our clients, while charging fair and reasonable rates for our services. Attorney Peter J. Bronzino believes that by keeping his clients informed and involved throughout the legal process, he can better secure them a favorable resolution of their legal matter, in all family law cases including child custody and relocation.

To schedule a free and confidential consultation with our firm today regarding your child relocation or child custody and visitation issue, please contact us today or through our Brick, NJ office at (732) 812-3102.

Child Relocation Attorney Ocean County, NJ

Helping Parents Across Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County area

After a divorce, if a non-custodial parent wants to move out of New Jersey (without the child), there are no laws preventing them from doing so. New Jersey relocation statute N.J.S.A. 9:2-2 allows a custodial parent to “remove” or relocate out of state with the child if the noncustodial parent doesn’t object. A custodial parent may also obtain permission from the court before moving out of state with the child(ren) to reflect a modification in the physical custody of the child.

If there is an objection by the noncustodial parent or the child (if of age), then the custodial parent must obtain court approval before moving the child from the court’s jurisdiction by showing a reason or cause for the move.

At Bronzino Law Firm, LLC, we have helped many parents across Spring Lake, Toms River, Point Pleasant, Brick, and Ocean County to legally relocate with their children, as well as helped parents contest relocation requests, and maintain their close relationships with their children.

Contact our firm today to discuss your unique situation, needs, and legal options moving forward regarding a relocation and your child custody agreement in a free and confidential consultation.

Three Ways Under NJ Law a Parent May Remove a Child Out of State:

consent of the other parent,
a court order granting permission, or
if the parent is fleeing immediate risk (ie., domestic violence, child abuse, etc.,)

It is recommended that the moving parent ask the non-custodial parent to sign a written statement consenting to the “removal.” Although it´s not required by law, this typed or legible written statement should be signed by both parents, and if possible witnessed and signed before a notary. This added step could prevent any family law related misunderstandings or parental kidnapping claims.

RELOCATION OUT-OF-STATE

Out-of-State Removal Attorney Toms River, NJ

Regardless of the type of child custody that either parent may have, fortunately as a result of the NJ Supreme Court ruling in Bisbing v Bisbing, all out-of-state relocation requests are decided on the best interests of the child(ren) involved. Parents requesting court approval MUST follow two key steps. They have to show “good cause” for the relocation, and that they are not in “bad faith” or through parental alienation, trying to hurt their former spouse by preventing the children from maintaining a close relationship with the co-parent.

Courts favor children maintaining equal relationships with both parents. Parental interference or withholding a child from the other parent during court-ordered parenting time is a crime. Removing a child to another state even with permission from the co-parent, can make any existing visitation and parenting time schedule much more challenging for the parent left in New Jersey to maintain or enforce.

At the Bronzino Law Firm, LLC we are ideally equipped to deal with sensitive situations like these, and we believe in supporting our clients in establishing a fair and stable visitation schedule to nurture and maintain a close parent-child relationship.

BEST INTEREST OF THE CHILD & CHILD CUSTODY MODIFICATIONS

Child Custody Modification Attorney Point Pleasant, NJ

In all child relocation matters, if a court finds that there is sufficient cause for the relocation of a parent, (out-of-state or within New Jersey itself), it will perform a “best interest analysis”, as outlined in N.J.S.A. 9:4-2, to determine which location best accounts for the needs and interests of the child(ren) involved, while also attempting to find a solution which allows for both parents to maintain as close a relationship as possible with their children after the relocation.

Because each case is unique, the courts will consider a number of different factors such as the child´s:

ability to maintain a relationship with the other parent after the move,
special needs, talents, interests, or abilities which can be supported in either location,
relationship with extended family after a move,
personal preferences (if the child is of sufficient age and maturity),
educational opportunities in both potential locations,

and the

likeliness that each parent will encourage the children to maintain their relationship with the other parent after the move, and
whether the parent who is not relocating might also be able to relocate in order to maintain their relationship with their child.

AWARDING PRIMARY CHILD CUSTODY

Deciding Primary Custody in Your Wall NJ Relocation Case

After this analysis is performed, the courts will award primary child custody, depending on which location they believe better meets the children’s best interests, and modify the existing child custody – while also possibly making a special visitation order to reflect this ruling.

Unsure about your parental rights and future? Whether you are currently going through divorce litigation or are covered by a child custody and visitation order and are concerned about parental relocation, you should retain the counsel of an experienced Ocean County child custody modification attorney to help you demonstrate to the courts that your close relationship with your child(ren) and their best interests are one and the same.

Contact a Brick Relocation and Child Custody Lawyer Today

At Bronzino Law Firm, LLC we have helped many parents to successfully resolve child relocation disputes across Spring Lake, Toms River, Point Pleasant, Jackson, and the greater Ocean County area.

We understand exactly how important your children, their future, and your relationship with them are, and we are prepared to help you present the best possible case to any family court.

Attorneys Defend Those Falsely Accused of Domestic Violence in Ocean County NJ

Providing support and counsel necessary to those accused of Domestic Violence in Sea Girt, Brick, Wall, Seaside Heights, Toms River and across the Jersey Shore

For many years domestic violence and domestic violence allegations were not viewed or treated as seriously by the courts and law enforcement as they are today. However, the view of domestic abuse against a girlfriend, spouse, child, or anyone else has changed substantially as we now understand how destructive domestic violence and abuse overall can be both in the short and long term. This has caused the courts to err on the side of caution, and in most cases address an allegation of abuse or violence in the home very seriously. The consequences of a guilty verdict and terms of a Final Restraining Order can be quite severe and do not go away; they are enforced for the rest of your life.

If you have been unfairly accused of committing an act of domestic violence, your future is at stake. You need an experienced and capable lawyer able to protect your rights and prepare a solid defense. The skilled and experienced legal team at Bronzino Law Firm are ready to provide the counsel you need to navigate this difficult process and are prepared to be by your side every step of the way. Call us at (732) 812-3102 or fill out a contact form to schedule a free and confidential consultation.

Why people make false allegations of Domestic Violence

The reasons why someone may accuse an innocent person of domestic violence vary greatly. However, the truth is that falsely accusing someone of a crime is the result of gravely emotional and mental instability that may have been evident in some instances early on in a relationship, but become much more apparent and egregious once things start to fall apart in the home and the prospect or reality of divorce becomes too overwhelming to bare.

Some of the most common instances where we see false allegations made are:

Jealousy
Attempt to gain child custody or more parenting time
Attempting to gain a greater share of the property in a divorce settlement
Revenge for some slight (real or imagined).

No matter the reason, none are acceptable, fair, just, and most of the time they are not legal. Be sure to attack this circumstance swiftly and aggressively with an attorney that you can trust. The consequences of a false conviction resulting in an FRO or Final Restraining Order can and will impact you for the rest of your life. These are not allegations to take lightly just because you know you are innocent.

Defending yourself against False Accusation of Domestic Violence

An effective defense against domestic violence actually begins before any accusations are made and hinges on knowing your partner. Signs of emotional instability and a vindictive personality are not always clear early on in a relationship, however they do tend to become more apparent as the relationship is tested and a prospective end is in sight.

If you feel that your relationship may be turning sour and your partner may accuse you of domestic violence you should:

Notify friends and family members about your concerns.

Keeping those close to you and your relationship informed of your accuser’s erratic and troublesome behaviors, as well as your fears of what they may do, may prepare your family for any false allegations and have them be more inclined to believe your side of the story as well as provide witnesses to help debunk any future accusations.

Change all login information that may be compromised.

This includes bank accounts, computers, laptops, vehicle entrance, hard drives, cell phones, and anything else you can think of that requires your password should be changed as soon as possible. Accusers have been known to send messages from the defendant’s cell phone and then later accuse them of sending threatening messages.

If an allegation has been made or you feel an accusation is imminent you should:

Consult a domestic violence defense attorney.

Even if you are not planning to hire an attorney, though it is recommended, they can give you invaluable information to help you better understand what your options are.

Gather evidence if you are being abused; in most circumstances that is the case.

There have been many cases where the person who is accused of committing domestic abuse is actually the victim of physical and/or emotional abuse. If this is the case, you need to gather as much evidence as you can without putting yourself in danger.

In truth, exposing false allegations of domestic violence is not easy. However, knowing your partner and predicting their actions may go a long way toward bringing the truth to light.

When a “not guilty” verdict still hurts in a Domestic Violence Case

Some might even argue that an underlying predisposition to believe all charges of domestic violence has caused many problems for those who have been and are being falsely accused of such a horrible act or pattern of behavior. When a person charged with domestic violence and is not guilty of their alleged crimes, it does not necessarily guarantee a fair, just, and accurate legal proceeding or verdict. Many unscrupulous spouses and girlfriends have used these allegations to gain an advantage in divorce or child custody court cases understanding full well the power that even an accusation can have.

If an individual is accused and they are lucky enough o prove their innocence through the court proceedings, the negative allegations can still impact their lives and in many cases it does. Sadly, even proof of innocence may not be enough to repair one’s life, reputation, and most importantly their relationship with their children once a person has been accused of these types of crimes.

Contact a Brick and Sea Girt NJ Restraining Order Lawyer

These situations can be very serious as a conviction for domestic violence can mean an unfair judgment of divorce, loss of child custody as well as loss of freedom. For these and many other reasons, if you or someone you know has been accused of domestic violence it is critical to contact an experienced and knowledgeable domestic violence attorney as soon as possible.

For a free initial consultation about your legal options for resolving a domestic violence charge, contact Peter Bronzino today. His experience is what you need during this time of frustration and confusion. Contact us online or call (732) 812-3102 for your free case evaluation with our domestic violence attorneys.