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A court of this State has jurisdiction to make an initial custody determination only if N.J. is the home state of the child on the date of the commencement of the proceeding
11 Feb 2010, 9:18 am by PaulKostro
Law Lessons from DEBORAH DOLL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Entire Controversy Doctrine
9 Feb 2010, 10:47 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
No reported decision has ever concluded that the mere passage of time, standing alone, warrants a plenary hearing to modify custody
8 Feb 2010, 10:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Attorney’s Lien Act provides that an attorney asserting a claim in a suit has a lien upon his client’s claim which attaches to a verdict, report, decision, award, judgment or final order in his client’s favor
8 Feb 2010, 10:21 am by PaulKostro
COLE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar and routine discovery motions
8 Feb 2010, 9:54 am by PaulKostro
” Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The emancipation of a child does not automatically occur at any specific age, but rather, is a fact sensitive inquiry
8 Feb 2010, 9:50 am by PaulKostro
SISTO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the favored status afforded to arbitration, an agreement to arbitrate should be read liberally in favor of arbitration
8 Feb 2010, 9:42 am by PaulKostro
Super. at 472 (quoting with approval the court’s “expansive interpretation” in Sweet Dreams Unlimited, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Best in Law Blogs: LexBlog Network: February 5, 2010
5 Feb 2010, 5:13 pm by Colin O'Keefe
McMahon on Barger Wolen’s Litigation Management and Attorney Fee Analysis Blog The Combs v. [read post]
Real Lawyers :: Have Blogs - http://kevin.lexblog.com/
There is a two-step hearing process for adjudicating contested cases of abuse or neglect
5 Feb 2010, 3:36 pm by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spoliation of evidence in a prospective civil action occurs when evidence pertinent to the action is destroyed, thereby interfering with the action’s proper administration and disposition
4 Feb 2010, 8:53 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have not provided otherwise by agreement, alimony may be modified based on changed circumstances resulting from cohabitation only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting
4 Feb 2010, 8:45 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
Enjoining the filing of motions should be considered only following a determination that the pleadings demonstrate the continuation of vexatious or harassing misuse of judicial process
3 Feb 2010, 12:47 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence
3 Feb 2010, 7:34 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To obtain a modification of an arrangement for parenting time specified in a court order, the parent must establish that circumstances have changed since the order in place was entered; and that, as a result of the new circumstances, the present arrangeme
1 Feb 2010, 8:32 am by PaulKostro
WALDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a removal case, it is a conflict based on the extent to which the parents’ needs and desires can be viewed as intertwined with the child’s interests
27 Jan 2010, 9:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused
27 Jan 2010, 7:55 am by PaulKostro
Law Lessons from TATIANA ROSSIUS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Guidelines shall not be used to determine a support obligation for a child who has reached majority and who is no longer enrolled in high school or other secondary education
25 Jan 2010, 10:05 am by PaulKostro
Law Lessons from MARY MASCUILLO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the proof of receipt of SSI benefits is a factor to be considered by the court in determining whether a person is emancipated, it is not conclusive
25 Jan 2010, 10:01 am by PaulKostro
” Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spoliation is the term that is used to describe the hiding or destroying of litigation evidence
21 Jan 2010, 8:18 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues