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If New Jersey was the children’s home state at the time of the initial custody determination, the court must consider whether, during the time between the initial order and the filing of the motion for modification, circumstances have changed so
11 Aug 2009, 9:42 am
Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to deviate from the child support guidelines shall be based on the best interests of the child
28 Sep 2009, 9:53 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Integral to a finding of harassment is the establishment of the purpose to harass, along with a course of alarming conduct or repeated acts intended to alarm or seriously annoy another
7 Apr 2010, 8:47 am by PaulKostro
As the Supreme Court explained in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even A Dick Is Entitled To Free Speech
17 Jul 2021, 4:38 am by SHG
Not so, says Roselle Park Municipal Court Judge Gary Bundy. [read post]
Simple Justice - http://blog.simplejustice.us
Interference with custody and parenting time may immediately and irreparably impact the best interests of a child and often represent classic cases necessitating court review
3 Feb 2010, 1:02 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Best interests of the child are the primary and overarching consideration in custody disputes
1 Apr 2010, 12:50 pm by PaulKostro
Beck v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Aronow v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
” Parham v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
In Guido v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
’” M.C., III, supra, ___ N.J. at ___ (slip op. at 25) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs
5 Aug 2010, 11:54 am by PaulKostro
In G.S. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When your child gets in trouble with the law … LOOKOUT!
21 Jul 2010, 7:37 am by PaulKostro
{See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fair-report privilege protects the publication of defamatory matters that appear in a report of an official action or proceeding, or a meeting open to the public that deals with a matter of public concern
11 May 2010, 9:17 am by PaulKostro
Salzano v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications and provisions concerning child support are explicitly excluded from a child custody determination
17 Apr 2011, 11:23 am by PaulKostro
See Dalessio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether a defendant’s conduct is likely to cause the required annoyance or alarm to the victim, that defendant’s past conduct toward the victim and the relationship’s history must be taken into account
14 May 2010, 9:59 am by PaulKostro
In State v. [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
Paragon Contractors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A statement made by a person unavailable as a witness because of death is excluded from the hearsay rule in a civil proceeding if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating it is trustworthy
26 May 2011, 3:20 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
Super. at 308 (stating statutory presumption is rebuttable). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues