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An award of support is within the discretion of the trial court; and it will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to the evidence, or the result of whim or caprice
7 Jul 2010, 8:23 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A patient has capacity to consent to medical treatment if she can reasonably understand her condition, the effect of the proposed treatment, and the risks of both undergoing and refusing the treatment
7 Jul 2010, 8:19 am by PaulKostro
Law Lessons from In the Matter of J.M. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When shall a guardian (or a special medical guardian) be appointed?
7 Jul 2010, 8:13 am by PaulKostro
Law Lessons from In the Matter of J.M. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey sanctions the use of sound recordings at trial where the matter contained therein is competent and relevant
30 Jun 2010, 1:37 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Family part judges have broad discretion to appoint economic, medical, psychological and other mental health experts to aid the court and to order the payment of their fees by one or both of the parties
29 Jun 2010, 8:37 am by PaulKostro
This rule permits either party to submit to the expert any information relevant to the matter. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A domestic violence defendant’s request for legal custody of a child must be analyzed in the context of the totality of all circumstances; not only the facts now alleged but also, the past history of domestic violence which can affect the context of any d
29 Jun 2010, 8:25 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Plenary guardians possess the authority to control, monitor and schedule visitation with the incapacitated
29 Jun 2010, 7:56 am by PaulKostro
[Matter of Roche, 296 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court confronted with an evidence determination precedent to ruling on a summary judgment motion squarely must address the evidence decision first
23 Jun 2010, 3:26 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a civil proceeding, a statement made by a person unavailable as a witness because of death is not excluded by the hearsay rule if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating that it is trustworth
23 Jun 2010, 3:18 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
23 Jun 2010, 2:31 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In exercising its discretion as to the mode and scheduling of disposition of motions in family actions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argu
22 Jun 2010, 8:08 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The applicability of the entire controversy doctrine chiefly turns on whether the separatelyasserted claims arise from related facts or the same transaction or series of transactions
17 Jun 2010, 2:46 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey courts are to give full faith and credit to child custody orders issued from foreign nations except when the child custody law of a foreign country violates fundamental principles of human rights or does not base custody decisions on evaluation
16 Jun 2010, 10:51 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where DYFS fails to prove all prongs of the best interests of the child standard, any psychological or emotional harm a child may suffer as a result of the breaking of the bond between the child and his or her foster parents cannot, in and of itself, serv
11 Jun 2010, 10:57 am by PaulKostro
IN THE MATTER OF THE GUARDIANSHIP OF S.M., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a client alleges that he entered into a settlement based on negligent advice from his lawyers, he need not first seek to vacate the settlement, but may proceed directly against those lawyers the plaintiff asserts provided the negligent advice that cu
3 Jun 2010, 8:34 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 1:4-8 provides in pertinent part that an attorney who signs or files a pleading certifies that to the best of his or her knowledge it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increas
25 May 2010, 9:16 am by PaulKostro
IN THE MATTER OF MELISSA HOFFMAN, ESQ., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An apportionment claim is not ripe until the estate taxes are quantified
25 May 2010, 8:15 am by PaulKostro
Law Lessons from IN THE MATTER OF THE ESTATE OF SHELDON SOMMERS, a/k/a SHELDON CHARLES SOMERS, App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues