Motion practice

If there is a dispute as to the terms of an order or when circumstances have changed, a party has the right to apply to the court to enforce or modify a court order. Whether there has been an increase or decrease in income, the needs of children have changed due to maturation, or other circumstances exist warranting court intervention, having a highly experience attorney can be the key to success.

There are no “small issues” in Family Court. Knowing what issues should be brought to court, how to artfully present your case, and understanding the procedural and legal aspects are skills that can only be developed over time. Knowing how to keep the cost down, when an issue should be resolved, what a fair resolution is, and how to draft an order that won’t lead to confusion and more litigation in the future are skills that are developed with intense experience over many years.

[never married parents / step parents / grandparents’ rights]
In New Jersey, the rights of unmarried parents are equal to those of married parents. Although there are significant procedural differences in the system, the basic outline is similar to the one set out in reference to a contested divorce. As with married parents, there are levels of mandatory mediation (including a free program available through the court). If the case doesn’t resolve in mediation, the parties will usually be required to retain an expert to complete an evaluation and recommendation. If the matter does not settle, a trial will be conducted.

Step-parents, non-biological parents and grandparents have rights in New Jersey. In general, if it is determined that an established relationship exists and the child would be harmed by it being disrupted, a judge can order visitation. If a person has become a “psychological parent” to a child, the court can even award custody. See as a recent example of a case where this occurred.