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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
30 Jul 2010, 12:18 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
By statute, parents are presumptively required to provide for the financial support of their unemancipated children
14 Oct 2009, 9:31 am
SEWELL V. [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
In Swire v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be guilty of contempt of an FRO, a person must purposely or knowingly violate any provision in the FRO
18 Aug 2010, 7:04 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A blogger may be required to reveal her sources
3 Jul 2009, 8:56 am
Picture by cliff1066 NEWS: Reportedly, Judge Louis Locascio (Superior Court in Freehold, N.J.) rulled in the case “Too Much Media LLC v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once an otherwise fit parent demonstrates that the PPR is facing deployment for a significant period of time (e.g., one year or more), she has demonstrated a prima facie case and is entitled to a plenary hearing as to disputed material facts regarding th
17 Dec 2009, 9:05 am
ANDREW FAUCETT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions may be imposed for frivolous pleadings
15 Oct 2010, 1:36 pm by PaulKostro
This holding was reinforced by the Supreme Court in Toll Brothers, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact that a person receives a monetary benefit from engaging in a relationship does not automatically disqualify that person from the Domestic Violence Act's benefits
10 Dec 2009, 10:08 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A surrogate mother has parental rights with respect to the children that she gives birth to, even if that surrogate mother has no genetic link to the children.
19 Jan 2010, 2:56 pm by PaulKostro
Law Lessons from A.G.R. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interfamily cash transfer, was it a loan or a gift
12 Apr 2010, 2:29 pm by PaulKostro
Courts have drawn a distinction between a promise and a contract to forgive a debt upon death. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Alternative Procedure for Dispute Resolution Act vs. the Arbitration Act
18 Sep 2009, 9:49 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Workplace computers and the attorney client privilege – Part 3
30 Mar 2010, 4:32 pm by PaulKostro
Stengart v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is patently unethical for a lawyer in a legal proceeding to represent an individual whose interests are adverse to another party whom the lawyer represents in other matters, even if the two representations are not related
4 Sep 2009, 5:52 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
” Young v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
6 Aug 2010, 8:49 am by PaulKostro
CASEY v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
Div. 1997) (stating “[u]nder the probable intent doctrine, New Jersey courts construe wills to ‘ascertain and give effect to the probable intention of the testator’”) (quoting Fidelity Union Trust Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In considering production of tax returns, a judge must first find the party seeking the returns has demonstrated good cause.
24 Jun 2009, 8:01 am
De Graaff v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Possible drastic consequences if you plead or are found guilty of violating the law and are a non-citizen
10 Sep 2009, 11:28 am
See my related prior Blog Post: State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When children are natives of New Jersey, judicial approval is required to authorize their relocation to another state
29 Apr 2010, 9:39 am by PaulKostro
Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant seeking to reopen a default judgment due to excusable neglect must show (1) the failure to answer was excusable under the circumstances, and (2) there is an available meritorious defense
24 Jun 2009, 4:46 am
DEG, LLC v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues