Category: Parenting Time
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.
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,
- 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.
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.
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:
- 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.
Protecting Children During Ocean and Monmouth County Divorce
Serving Brick, Sea Girt, Toms River and Wall Township and across the Monmouth and Ocean County area.
A key part of any parent’s job is to provide a stable home for their children. Parents want to provide positive life experiences and ensure that their children are supported physically, mentally and emotionally. During a divorce, there are several strategies that can help a family achieve these goals, even when adjusting to new living situations and daily routines. Well-meaning parents may want to shield their children from all aspects of a divorce, however, establishing ways to communicate openly with children about the changes they are experiencing may be more beneficial.
Scientific American cites research by Paul R. Amato,1 noting that “negative effects of marital disruption on children have been exaggerated and that most children recover without long-term harm.” As a divorcing parent, there are things you can do to protect your children from the disruptive aspects of divorce while ensuring a favorable outcome.
Stay Positive During Brick NJ Divorce
Although divorce affects many children in the short term, the vast majority of children adjust to the changes accompanying divorce without any negative long-term effects. Research suggests that children whose parents divorce from a struggling marriage have more positive outcomes than children whose parents opt to stay in a struggling relationship for fear of exposing the children to the pressures of divorce. Positive, healthy lifestyles and relationships, even if they require some transitions and adjustments, set a much better example for children to follow.
Children reflect the environment they live in. Dr. Shoshana Bennett notes that, “when the tension dissolves out of the house, kids will be more relaxed.”2 Even if children experience a transition in their living situation, trading a high-stress living environment for a low-stress living environment is a winning scenario.
Keep the focus of your divorce decisions on the goal of calmer seas for you and your children. A positive outlook for your children’s future makes a strong foundation for all decision making. Be confident your choices are in their best interest and always lead by example. Leaving a difficult relationship to pursue healthy interactions may be the most meaningful model you can set.
Minimize Conflict During Toms River NJ Divorce
Although most children make it through divorce unscathed, some children do struggle with the effects of divorce longer than others. There is a link between children who take longer to move on after a divorce with those who have been exposed to high levels of conflict during the divorce process. Every attempt should be made to protect children from the more difficult aspects of the divorce process, such as disagreements over finances or custody.
When children are involved, it is impossible for mom and dad to simply end all communications. The logistics of childcare necessitate communicating, and communicating as well as possible. If conflicts tend to arise frequently, consider employing new communication strategies to avoid exposing the children to unnecessary conflict. The Jacobs Berger blog post on communication details several strategies that can be utilized in this situation.3,4
Plan for the Future Post NJ Divorce
Although communication strategies offer excellent tools to reduce a child’s exposure to conflict between parents, keep in mind the long-term goal of developing a working long-term relationship with your co-parent. During a divorce, all parties are concerned about the “what if?” and can act in a manner that they might be embarrassed to admit after a few years have passed. Avoid reacting negatively and try to always keep a positive plan for the future in mind. You may not know what will happen in the next few weeks or months but plan what you would like to happen in the upcoming years, and create a plan that will allow this to happen. Some questions to ask yourself to help achieve this long-term plan are: How do you envision your relationship with your co-parent in five years? How do you hope to have modeled healthy grown-up interactions for your children?
Communicate During and After Your Wall Township Divorce
Children handle transitions better when the transitions are well explained. Understanding what is happening in their world gives them a sense of control and helps them to frame their experiences. It would be unreasonable for a married couple to not tell their children about moving houses until the moving truck arrives in the driveway. The children would feel entirely unprepared about the event, and even more hurt that their parents did not feel they could be told in advance.
Ongoing communication with children about the divorce process is better than trying to stage one big talk. Reinforce that your children are loved at every opportunity and allow them to express their feelings without judgement. When children are able to express their emotions openly, those feelings can be discussed in a healthy and productive manner. Be curious about your child’s daily life and share the positive parts of your day with them. When a routine for communication is established (like chats at the dinner table or during story time) children become more comfortable discussing their experiences and asking questions.5
Reach Out to Professionals During and After an NJ Divorce
If additional questions about your child’s adjustment arise, don’t hesitate to reach out. For school-age children, their school counselor can provide local resources that are age appropriate. A consultation with a child therapist or psychologist may also provide your child with a neutral person with whom to express their emotions.
Remember, being a positive role model for your child is one of the most important thing you can do. Take care of yourself and limit any exposure to conflict. Set a good example by planning for a bright future. Set your internal GPS for where you want you and your children to be in the years to come, and then drive forward!
Contact a Sea Girt NJ Child Custody Attorney Today
Peter J. Bronzino understands that divorce and child custody hearings can be incredibly stressful. We take pride in mitigating the many stresses of the legal process while protecting our clients’ legal rights throughout Sea Girt, Spring Lake, Wall, Point Pleasant, Silverton, Toms River, Brick, Ocean County and Monmouth County.
For more information, or to talk about your child custody options with one of our licensed and experienced New Jersey matrimonial law attorneys, please contact us online or through our Brick or Sea Girt offices by calling (732) 812-3102 today for a free and confidential consultation,
Brick Child Support Lawyers Cover the Basics
Serving our Family Law clients in Brick, Toms River, Point Pleasant, Spring Lake, Jackson, and Freehold
It is a misconception that the conclusion of a divorce proceeding, once a divorce decree is issued, all aspects of the relationship are over and future interaction is unnecessary. Though it may mean the ending of a romantic relationship, some level of interaction will likely continue for years to come in the form of alimony or spousal support and, in many cases even more intimately as it relates to communication about parenting time, co-parenting efforts, and the financial considerations related to child support.
Ideally, a divorce represents a mutual agreement on terms that are deemed satisfactory by both parties, which provides an opportunity to create an improved, more positive, happy, and healthy future once the process is complete. Ex’s, especially those with children, should expect to interact on some level and must be prepared for discussion, debate, and potential litigation as it relates to what exactly child support payments can be used for and the potential need to file for child support modifications.
Qualified Family Lawyers Protecting the Rights of You and Your Children
It can be and often is very difficult to come to an agreement with a spouse and co-parent while navigating through the divorce process, especially over a topic that brings with it a high level of emotion and financial requirements. Every case and every situation is different. We recognize that and that´s why we offer a client-centered approach that hinges on personalized attention to help you build a road-map for a better future for you and your children.
Our Family Lawyers are dedicated to providing quality counsel, in order to educate you to help encourage the best possible outcome. We handle divorce cases and child support modifications for clients in Brick, Toms River, Point Pleasant, Wall, Jackson, and across Monmouth and Ocean Counties. To speak with us today about a free and confidential consultation, please contact us at (732) 812-3102 or feel free to fill out a contact form on our website and we will be in touch to schedule a time for you to come in to one of our offices conveniently located in Brick and Sea Girt, NJ.
Which Parent Pays Child Support?
Child support is the financial support that is provided by a parent who does not have full custody of his or her child. The noncustodial parent can enter into a child support agreement voluntarily, by court order, or by an administrative agency. Child support is exactly what the term implies, it is for the support and care of the child. The noncustodial parent must pay a portion of the costs and expenses related to raising the child during separation, the divorce proceedings, and until the child is 18 and not in college or potentially after they earn their college degree.
What Expenses are Included in New Jersey Child Support Payments?
Many people view child support as a one-way street, where one spouse pays another to support the child. The truth is that child support would be better described as a two-way street, where financials of both parties are taken into consideration in conjunction with the breakdown of custody and parenting time, and out of that monetary pool there is an equation in place that will determine who pays who and how much. Under the Guidelines, the child support award covers the following expenses:
- Fixed costs, including shelter and shelter-related costs
- Variable costs, including the cost of transportation and food for the child
- Controlled costs, such as clothing, personal care, entertainment, and other miscellaneous expenses
Generally, extracurricular activities, uninsured medical expenses, and educational expenses are not included in the basic child support amount unless it is specifically noted in the settlement agreement. Child support usually covers food, clothing, and shelter; and the remaining terms and expenses must be included in the agreement or they will need to be covered by the parent who makes a purchase, signs the child up, and/or wants the child to get involved in a specific activity.
Post Divorce Modification to Increase or Reduce Child Support Payments
In life circumstances change. People’s financial situations change. Also, the unexpected or unpredictable needs of a child as they grow up can change as well. It is impossible to get the divorce agreement perfect for an unlimited amount of time, especially as it relates to raising a child in a healthy and stable environment.
A child support modification is a change to an existing child support order. The modification can either increase or decrease child support. Because child support orders are often in effect for years, it’s not unusual for them to be modified.
Common Reasons for Modified Court Orders
- Most of the reasons for a modified child support involve a change in income. This can include:
- Cost of Living Increase or Decrease
- Increase or Decrease in Income
- Parent, Child has Suffered Serious Illness, Disability after Original Child Support Order
- Federal Tax Laws have changed
- Children’s needs change
- When a child decides to be emancipated
- When obligator loses job
- Less or more time with child or children
How to File for a Child Support Modification
- You and your co-parent agree to the change. The Parents agree to the modification and the amount. In this case the parents would put the agreement into a court order, present it to the judge, and once the modification is signed by the judge the court order becomes effective.
- You do not agree, do not communicate, and/or your ex intends to contest your claim. One parent must file a petition (recommended with the assistance of a qualified family law attorney). If the judge determines grounds for modification, there will be a hearing where all financial information for both parties is reviewed and a determination is made.
In the same regard, the modification process should promote a stable environment aimed to avoid volatility, which can ultimately have negative impact on the child or children in your family.
Contact a Child Support Lawyer Today to Protect Your Rights
Whether you are going through the initial divorce process or circumstances have changes and you need to file for a change in the child support and/or child custody agreement, the Bronzino Law Firm is here to help. We work with our clients to outline and eventually construct a process aimed at delivering a mutually beneficial and improved quality of life. We will not take our eye off of the ultimate goal, to create an optimal environment for your children to grow with the involvement of both parents in financially stable and secure homes.
To speak with to us today in a free and confidential consultation, please contact us online or through our Brick, NJ offices at (732) 812-3102. If you pass by our office at 44 Princeton Avenue Brick, NJ 08724, we´d love to shake hands, introduce ourselves, and get a better understanding of your situation.
Financing Your Ocean County Divorce
When a person is unhappy in their marriage and starts considering a divorce or civil union dissolution, often the next questions that often arise are surrounding what the financial implications are, how much will the total process cost and how will the individual pay for it. Unlike the actual wedding itself, most couples may be less eager to solicit financial assistance from family, friends, or take out a bank loan. Knowing your family´s true and accurate financial situation and educating yourself about matrimonial retainer fees, can help reduce any concerns you may have about securing legal representation, and financing your divorce.
If you are considering a divorce, or are currently going through a divorce, look no further than the Bronzino Law Firm. We handle all divorce related matters including child support, child custody, division of assets, alimony and spousal support, and post-divorce modifications for clients across Ocean County and Monmouth County.
For many Ocean County and Monmouth County residents, Attorney Peter J. Bronzino has been that dependable and tenacious advisor. Peter Bronzino and his team of Family Law Attorneys take a collaborative approach on all divorce cases, pride themselves on keeping clients informed and involved in all matters, and are ready and willing to speak with you over the phone, via a virtual meeting, or at one of the two offices conveniently located in Brick and Sea Girt.
Evaluating the Cost of Divorce in Monmouth County, NJ
Aside from the emotional toll divorce often takes on one´s psychological and physical well-being, the financial costs of divorce in New Jersey is unique to each couple and comes with its own specific facts and circumstances. Factors such as the type of divorce (no fault vs fault divorce), the distribution of assets, assignments of alimony and child support, child custody, and using expert testimony (e.g., tax professionals or real estate professionals) or child custody experts, can significantly increase the amount of negotiation required among the lawyers or in front of a family court judge. Disagreements, lack of consensus, and the number of motions or hearings can also result in additional legal fees.
Retainer Agreement vs Contingency Fee with Your Brick NJ Divorce Attorney
A retainer fee is an advance payment similar to a “down payment”, in that it may cover a portion of the overall attorney fee that the client pays the attorney before hiring them. Although the fee varies from attorney to attorney, some attorneys have established fixed retainer amounts for given services and stick to those amounts.
Since attorneys bill on an hourly basis, the retainer fee will be determined by your attorney and is based on the anticipated amount of hours your attorney expects to invest in your case. Often, a retainer will not cover the entire cost of your divorce and more funds will need to be deposited as the divorce proceeds; how you will replenish that fund (if necessary) should also be stated in your agreement.
As work is completed, the money is withdrawn off of the total retainer amount and detailed records are kept and recorded to accurately outline this process. Clients will receive an accounting, usually monthly, stating the details of the work performed and the amounts paid out of the retainer, as well as the balance remaining. Some will work with you on monthly payments toward that retainer.
A contingency fee agreement, is most commonly used in civil cases such as personal injury, workers compensation, or employment law claims. In these types of cases, the attorney’s fee is “contingent” upon the amount of damages or overall compensation the client is awarded. Contingency fees are not permitted in family law matters in New Jersey, so each party almost always pays a retainer fee to their respective attorneys to begin the divorce process.
Paying for a Divorce Attorney in Point Pleasant, NJ
In New Jersey, each party is entitled to use marital funds for divorce litigation. The Family Court may direct each party to sell or mortgage various assets or property to enable both parties to finance their legal costs.
Fortunately, due to N.J.S.A. 2A: 34-23 the New Jersey Family Court can compel a spouse with more income or financial standing to pay, in part or in full, for the other spouse’s attorney. For spouses with less financial standing, it makes the financial aspect of litigation process more equitable, “reasonable and just.”
Contact an Ocean and Monmouth County Divorce Attorney Today
There are numerous factors when considering if to proceed with divorce litigation. Whether you choose mediation or it´s an uncontested divorce, the vast amount of paperwork, court document filings, and procedures to follow can be overwhelming, especially if you already work a full-time job.
Family Law attorney Peter J. Bronzino has extensive experience helping clients with all divorce related matters across Ocean County, NJ including Brick, Jackson, Toms River, and Point Pleasant.
Our law firm does not offer a one-size-fits-all-divorce strategy. Instead, we get to know the people we represent, determine what is most important to them in the divorce, then work with them to develop a strategy designed to meet their individual goals and needs.
With experience handling high-net worth divorces involving the division of family owned businesses and properties as well as diverse investment portfolios, the family law attorneys at the Law Offices of Peter Bronzino have the experience and legal knowledge necessary to helping you through this complicated time in your life.
Ocean County Family Lawyers Discuss Importance of Establishing Paternity
Children have the right to know who their father is, just as fathers have the right to know if they are indeed the fathers. From a non-financial standpoint, this basic knowledge provides not only insight into an existing medical history, but supports family ties that can lead to an ongoing healthy and nurturing relationship between a child and his or her father.
Establishing paternity identifies the father’s side of the family and encourages contact with other relatives, like grandparents, uncles, aunts, or other family members. It also increases opportunities for children to learn about and appreciate their cultural heritage.
The legal team of The Bronzino Law Firm LLC has extensive experience helping mothers, fathers, and children establish paternity in Ocean County and communities like Brick, Asbury Park, Sea Girt, Point Pleasant, Spring Lake, Neptune, Toms River, and across the Jersey Shore. Our firm believes that families are stronger when both parents are involved, and strives to protect the legal rights of our clients as parents. We offer highly personalized legal solutions which address the needs and concerns of our clients. Our qualified family law attorney keeps clients informed and involved throughout the legal process.
Call our office at (732) 812-3102 today. To discuss your paternity, custody, visitation, child support or other family law needs and concerns in a free and confidential consultation contact Peter J. Bronzino today.
How Does an Unmarried Person Establish Paternity in Toms River, NJ?
Paternity New Jersey can be established in two ways: either the father admits to fathering the child or a DNA test must be performed. If a child was born to a married couple, paternity is assumed. For unmarried couples, legal paternity must be established. When a father agrees that the child is his, he signs a document for “voluntary acknowledgment.” If he doubts he is the baby´s biological father, he should not complete the Certificate of Parentage form, and the court system will help him take steps, including genetic testing, to establish whether or not he is the father.
Either parent may request a DNA test. Or, it can be required by the county office or ordered by the court. Both parents and the child must be tested. If the test scores 95 percent or higher, the man is presumed to be the father.
Is there a Statute of Limitations on Establishing Paternity in NJ?
The New Jersey Parentage Act states that a paternity action must be brought within 5 years after the child’s 18th birthday or by 23 years of age – unless there is a justifiable reason as to why it did not happen.
It is not uncommon for a man to be led to believe he is the father of a child that is not biologically his, just as it is not that unusual for a man in a committed relationship with the mother, to assume the role of a child’s father that is not biologically his.
More than ever it is not that unusual for a father to learn that the child he has been ordered to provide child support for is not his biological child. Instinctively, it would be equitable to assume that a man who is not the biological father of the child should not have to pay child support once paternity is negated.
Not all mis-attributed paternity situations are deliberate, of course; some are unintentional and involved women who may have had multiple partners during time of conception and simply can’t definitively determine who the father is except by DNA testing. Other cases involve welfare and paternity fraud: a father’s name, whether or not he is the real father, must be provided as a prerequisite to receiving public assistance.
DNA testing methods such as a SWAB or Genetic Identity test conducted at local accredited testing centers, are reasonably priced and means establishing paternity is easier and more reliable than in the past. For this reason, most paternity matters are settled prior to child custody, child support, visitation, etc,.
Lawyers for Establishing Paternity in Brick, Sea Girt, Point Pleasant and Spring Lake, NJ
At The Bronzino Law Firm LLC we know how stressful these situations can be, and we are dedicated to providing highly attentive, effective, and knowledgeable legal counsel to each of our clients. We do not offer a one-size-fits-all approach. Instead, we get to know each of our clients and their needs and concerns in any paternity and child support. We pride ourselves on keeping our clients informed and involved in the legal process, and being able to find creative and unique solutions to any child custody issue.
Legal Separation Attorneys Monmouth County NJ
If you went into a Family Lawyer’s office and asked him or her how many times they have received questions pertaining to legal separation, you most certainly will get a chuckle and most likely the answer will be something likely endless, countless, or maybe even an immeasurable amount depending on how long they have been practicing.
As you might imagine, there are a tremendous amount of individuals who are interested in “getting the process started” without filing the actual divorce complaint itself. For this reason New York has an established institution known as legal separation, however New Jersey does not…at least not in the same format one might imagine when thinking about the potential terms of a separation agreement.
Residents of New Jersey, however, are not completely out of luck. Typical to the great state, it tends to do things its own way. New Jersey’s answer to the legal separation question exist within the option legally termed Divorce from Bed and Board.
Separation and Divorce for Bed and Board Attorneys Brick NJ
New Jersey does not have a legal separation. If you want to separate from your spouse, but do not want to file for divorce you have a few options. First you can sign what’s called a separation agreement, which would be an unenforceable contract. Next you can file an FD application or non dissolution application with the court to ask for child support, custody, spousal support, etc. And then finally you can also file for what’s called the divorce for bed and board, where you would be financially divorced but you would still be married, meaning that both parties can not marry another person.
Why Divorce for Bed and Board Toms River NJ?
Divorce for bed and board was assembled to take the place and/or provide a similar option to that of a legal separation in Monmouth, Ocean, Mercer Counties, and across New Jersey. Although that is the case, we have to point out a few significant distinctions and also some notable similarities when comparing Separation in a state like NY, and divorce for bed and board in NJ:
- First, although they are comparable in many ways, one is a legal separation and the other is in fact a divorce.
- Although it is called a divorce, if you get a divorce for bed and board, you are not able to be remarried until an official and standard divorce is processed. Obviously separation falls under the same circumstance, as the couple if only separated, but not yet divorced.
- To terminate a divorce from bed and board in favor of an absolute divorce, either party can file a document with the court, converting the divorce from bed and board to an absolute divorce.
- In a divorce from bed and board, ostensibly all the same papers are filed as for an absolute divorce, however, the relief requested in the documents is for a bed and board divorce.
Reasons to Choose a Divorce for Bed and Board Attorney Jackson NJ
Couples Who Are Not Quite Ready To Finalize a Standard Divorce
Many of the individuals who take advantage of this legal option, rather then going through with a real and final divorce are people who are not quite ready to pull the final trigger, but look at this option as an opportunity to split everything up and come to agreements on finances, property, kids, etc without the finality to it. Remember, all it takes is a document to be filed by either party to finalize.
Healthcare Savings, Retain Existing Coverage, and Take Advantage of Aggressive Cobra Prices
Another, and very likely the most common reason that couples who are splitting up will choose divorce for bed and board actually exists within a loop hole in the US healthcare laws. It does not work every time, but in many cases the couple is able to continue on their healthcare option as they were as a couple and/or they are afforded much more aggressively priced Cobra options for insurance which results in thousands of dollars in savings.
Contact a Wall NJ Separation and Divorce for Bed and Board Attorney Today!
Legal separation attorney Peter J. Bronzino takes pride in serving local Ocean and Monmouth County communities such as Brick, Sea Girt, Brielle, Point Pleasant, Bay Head, Manasquan, Toms River, and across Eastern New Jersey. Attorney Bronzino believes in providing clients with the personal attention and professionalism they need and deserve. Find out why our clients and their families have taken the time to write glowing testimonials after their divorce and family law legal concerns were resolved. Whether you are going through a separation, divorce, or any other family law dispute, our firm will fight to protect your legal rights.
Monmouth Attorneys Help Parents Prepare Their Kids for Divorce
Every year thousands of children of all ages go through divorce with their parents. For most families it can be a stressful time. As parents, there are some things that you can do to ease the stress and minimize the heartache during divorce.
The Bronzino Family Law Firm *732-812-3102* is committed to providing the best quality representation for residents of Monmouth and Ocean Counties. If you are facing divorce or a suit for child custody, contact us today at *732-812-3102* for a free confidential consultation. We have extensive experience in all family law matters and can review your case with you in .
Divorce Guide for Point Pleasant Parents
Naturally every child processes things differently and there can be a range of reactions. Even so, kids responses tend to be similar according to age and the circumstances of the separation and divorce process. The extent to which your divorce will affect your children often depends on a number of factors, but the most influential of these are the manner in which you and your spouse co-parent.
4 Ways Wall Parents Can Help Kids Handle Divorce
- Maintain calm, collegial and courteous behavior in front of your children and in the home. Even if the kids are not in the room, they could be around the corner, in a door way or on the stairs. Any signs of conflict, legal talk, or even threats could give them cause to worry and stress.
- Keep your children’s daily routines and activities as normal as possible. If you and your co-parent can cover for each other or trade off on pick-ups or attending sports, music or other activities; you are putting your child in the best position to thrive. However, be sure to explain who’s doing what and when to your kids. It helps them to know what to expect. Be sure to be there when it’s your turn and your time.
- If you or your ex-spouse need to vent your thoughts and feelings, don’t do it at home when the kids are also at home. (This kind of discussion is probably only productive in a support group or professional setting where you are more likely to get useful and constructive feedback.
- The fourth way for both you and your co-parent to help your kids is to stay actively involved in their lives. This might seem to be more difficult for the non-custodial parent, but try to find other ways to make up for lack of everyday time. As the saying goes, “quality over quantity”.
Your Family Lawyer Supports Ocean County Families Facing Divorce
First, remember to choose what you say and to whom carefully, and with awareness of the potential fall outs that can happen. Sometimes it seems like friends and family are good choices to talk to when you need to discharge pent up aggravation and anger. However, no matter how confidential you think the conversation is, it’s often not.
A friend or family member is likely to relate the conversation to a spouse or someone else. It’s innocent, but when they do, they may not be so careful about who is in earshot. Their kids tell your kids… and, 3 levels of re-telling later, what’s related is probably a version of the original conversation that is significantly modified. Besides affecting your kids, some comments could be brought up in court and affect the outcome on things such as the alimony agreement.
Second, support your kids, not vice versa. Don’t expect or look for support from your kids –even if they seem to encourage it. Your children are not your equals and no matter how mature they are, even in their late teens, they will almost always still process and rationalize as a teenager, and as your child, not as an adult. It’s nearly impossible for kids to neutral parties in a divorce, so don’t ask it of them. Your and your spouse’s support must come from somewhere else.
Create a plan to tell the kids about the divorce…
When you’re certain of your plans, make a strategic “tell-the-kids” plan with your soon-to-be ex-spouse. Set up some mutually agreed upon rules for engagement ahead of time and agree to guide yourselves by what’s best for the kids. Talk to your kids together about your decision to live apart, setting aside any anger or blame as you do.
It can even be helpful to practice what you’re going to say and how you’ll respond to their possible questions or reactions. Depending upon the age(s) of your child(ren), you can anticipate initial reactions to be bewilderment or shock, sadness, anger, or worry. Be as understanding, supporting and reassuring as you both can. The good news is that kids are tremendously resilient. As they cope with this life experience surrounded and reassured by love, they will learn to cope with unhappiness and stress, and develop stronger characters because of it.
Contact Our Brick NJ Law Firm Today for a Free Case Evaluation
The Bronzino Law Firm is committed to providing the best quality representation for residents of Monmouth and Ocean Counties and surrounding communities. If you are facing a divorce, child custody suit or other family law issue contact us today at (732) 856-5730. We have the experience you’re looking for.
Ocean County Divorce and Social Media Attorneys
Your divorce is final. The divorce settlement is agreed upon and custody with visitation is all set. You are determined to get on with life and make it all work for the best, including forging a new social life for yourself. After all, it’s not like you should spend your free time sitting at home alone, right?
The Bronzino Law Firm 732-812-3102 with clients across and surrounding Ocean and Monmouth Counties has extensive experience in providing dynamic, client-focused representation in family law matters, municipal court summons, real-estate ventures, and Wills, Trusts & Estates. We understand that each client is different and we listen to your concerns. We believe in providing straight forward responses to shield your interests at every turn –including the social media stage.
Jackson Post-divorce Attorneys Aid In Moving Forward
Post-divorce is the time for adjustments and new adventures. You may discover that after divorce you now have the time to “green light” and go forward with some of those things that you’ve always wanted to do, but haven’t ever gotten around to doing. You can take up a sport, learn a language or how to play an instrument, join a gym or club, adopt a pet or express yourself in art or photography. There are lots of options with the excellent bonuses of doing something worthwhile and fun, while also meeting new people with similar interests.
Lawyers in Sea Girt Say Be Smart With Social Media
As with most things, though, there are some “yellow lights” of caution, but mostly “red lights” of things to avoid altogether. There are a range of reasons for social media caution.
A big one is the ease of misinterpretation leading to legal reevaluation of the divorce or custody settlements –the ones that you think are all set. Another is the direct affect social media can have on your kids. Your attorneys can help you understand the pitfalls of some life change decisions you may be tempted to make.
“Be Careful” and Use Discretion with Social Media
You’ve probably heard or read that that you need to be careful with social media and dating during and after divorce. The messages you text, the photos and videos you share or post on social media platforms such as Facebook, Instagram, Twitter, WhatsApp, Messenger and Snapchat can provoke your ex and the court to take another look at the divorce decisions. In particular, these social media posts have the potential to upset (at best) or completely discompose (at worst) the divorce decisions around alimony, child support, custody and visitation arrangements and even some other asset divisions; all of which you presumed were final.
Temper new life style changes with self-control
During divorce, your posts could raise questions about your true financial resources or marriage fidelity and an accusation of adultery. After divorce, posting about expensive purchases or starting a big remodeling or home decoration project could be interpreted to indicate that you have lots of money and perhaps could afford to pay more in alimony or child support.
Posts around extravagant partying or social activities and new friends could lead a judge to reconsider the child custody and visitation arrangements. Remember, the court’s first priority is the “children’s best interests.” Therefore, the immediate question a judge will promptly reevaluate is how much your social life is imposing on your quality parenting time and child-related financial responsibilities.
Savvy Points For Social Media Caution for Brick Divorcees
1. Don’t boast or display your life style or expensive purchases. Doing so could imply that your income might be higher than you reported. This situation can affect alimony for either spouse. If you are the paying spouse, the court might decide that you could afford to be paying more. If you are the recipient spouse flashy displays could hurt your chances of obtaining more spousal or child support, or be grounds to modify (reduce) your support. Either way, it may also suggest that you weren’t completely honest about your financial disclosures during the divorce.
2. Don’t let allow yourself to be tagged or included in “check ins” in other people’s posts. Even if you aren’t in a photo, being tagged or included in the check-in at a nice restaurant, club or bar can expose you. Your ex could propose that these are evidence demonstrating your lack of fitness for parenting. It is important to make sure your friends understand how this seemingly innocent way of creating connection can actually be harmful to you.
3. Don’t post pictures of yourself partying, overly seductive or drinking. It might seem totally natural and guiltless to you, but the interpretation could be disastrous, this is especially relevant if you are engaged in a child custody dispute. Avoid showing your social life with photographs of you consuming alcohol, being flirtatious or other social activities.
4. Don’t spy on your ex through social media. Regardless of your intent, spying can open you up to being accused of stalking and be interpreted as an inability to adapt to divorce. This could negatively affect your child custody dispute.
5. Don’t go low; resist writing mean posts about your ex. One way or another, he/she will eventually find out and the consequences for you aren’t worth the repercussions. Mudslinging is dirty business and tends to reflect worse on the person doing the slinging. It could become a legal boomerang.
6. Don’t post images of your new partner or suggestive texts. Out of consideration for your kids (especially teenagers) and for yourself, keep your private life private. Tell your new partner to keep things private, too.
Beyond the legal repercussions of interpreting social medial communications, there is the important consideration of how these lively posts can affect your kids. You might be surprised to discover that instead of feeling proud or accepting, they feel uncomfortable or embarrassed. As you rebuild your social and home life, including dating and making new friends or relationships, you can also stay strong in your life-long role as a model for your kids. They need to be reassured that you are reliable and can be counted on as they adjust to their new lives.
Some of the effects of divorce can can continue into your post-divorce life. Circumstances around alimony, child custody and the relevance of new relationships can raise questions about your future, your rights, and your responsibilities. With a skilled and experienced divorce attorney on your side, you can make informed, confident decisions that best serve your interests.
Contact us at the Monmouth and Ocean County law offices of Bronzino Law Firm LLC today
We will help you understand all available options. One of our Brick, New Jersey divorce attorneys will answer your questions and provide you with a cost-free initial consultation. 732-812-3102
Morris and Ocean County Lawyers Discuss Mental Health and Divorce
Divorce has the potential to be one of the most stressful experiences of an individual’s life. It is therefore understandable that going through the divorce process may result in mental health issues appearing or re-appearing. It is also common for children and other family members to experience some form of mental health concern during this difficult period. On the other side of the coin, it is possible for mental illness to be used as a grounds for divorce in certain situations. Thankfully, mental illness is often preventable and/or treatable when sufferers
receive the proper care they need.
Today, our experienced divorce attorneys will review some of the psychological health issues which may arise as a result of the stresses of divorce and also review situations in which mental illness may be used as a grounds for divorce in New Jersey.
Anxiety and Divorce in Ocean, NJ
Anxiety may be the most common form of mental illness in the world. According to the Anxiety and Depression Association of America, approximately 40 million adults are affected by anxiety each year, which accounts for just over 18 percent of the population. That number may be staggering, but it is more believable when you consider how many people most of us know who are dealing with anxiety in their lives.
Our Ocean County divorce attorneys have seen clients and members of their families develop anxiety as a result of unresolved negative energy associated with divorce. Without getting too involved in the psychology, anxiety has been linked to repressed emotions coupled with a natural proclivity for anxiousness and family history. What is most important to note is that it may be possible to avoid the complications of anxiety altogether if you and your loved ones get help from a psychologist, psychiatrist, therapist, or other mental health professional at the onset of symptoms.
Neptune Divorce Lawyers Discuss Depression
Similar to anxiety, depression is a very common result of stressful life experiences. While it is natural and healthy to feel sadness during a difficult time like divorce, there are clear cut differences between natural sadness and depression. Our Neptune divorce lawyers recommend seeking treatment for depression if you are experiencing any of the following symptoms:
- Inability to enjoy activities which normally bring you joy
- Experiencing overwhelming sadness or lethargy without a specific reason
- Sleeping far too often or barely sleeping at all
- Binging on food or barely eating at all
- Unnecessary, unfounded, and relentless self-criticism
- Thoughts of death or suicide
Mental Health Issues as Grounds for Monmouth County Divorce
Pursuant to New Jersey Revised Statutes Section 2A:34-2 – causes for divorce from bond of matrimony, fault divorce may be sought when a spouse has been institutionalized “for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint”. In other words, simply suffering from common mental health issues like social anxiety or ADHD are far from sufficient grounds for divorce.
Our Monmouth County divorce attorney rarely see mental illness used as a ground for divorce, however this situation does arise. We advise clients that more “minor” mental health issues will likely not become a larger factor in your divorce proceedings unless they impact your ability to seek employment or care for your children.
Going Through a Difficult Divorce? Contact our Brick, NJ Divorce Attorneys Today
Mental illness is a serious, but treatable issue facing millions of Americans. If you or a loved one are experiencing difficulties with mental health issues, please seek help and get the treatment which you may need. Divorce and family law attorney Peter J. Bronzino takes pride in offering legal solutions which address the personal aspects of divorce as well in local Ocean and Monmouth County towns such as Spring Lake, Brielle, Sea Girt, Brick, Wall, Toms River, and all of Central New Jersey. We believe in working closely with our clients throughout the legal process, allowing us to address your individual needs and concerns throughout.