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A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Photographs as evidence
23 Aug 2009, 3:44 pm
Law Lessons from CUSUMANO v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
DEG, L.L.C. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The linchpin in any motion addressed to dismissal of a final restraining order should be whether there have been substantial changed circumstances since its entry that constitute good cause for consideration of dismissal
19 Jul 2010, 3:39 pm by PaulKostro
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
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
Emotional distress claim vs. claim for alienation of affections
31 Dec 2009, 3:40 am by PaulKostro
Reference: Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Legal Guides on the Parental Alienation Syndrome
9 May 2010, 3:59 am by PaulKostro
New York Case Law on Parental Alienation: Part 1: Young 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
Any mistake plaintiff made as to equitable distribution resulting from her attorney’s representation is not itself a basis to set aside the final judgment of divorce
29 Mar 2010, 8:43 am by PaulKostro
ALBRECHCINSKI 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
The Consumer Fraud Act
23 Jun 2010, 3:51 pm by PaulKostro
V. [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
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 the evidence concerning the child’s best interests (as between a legal parent and psychological parent) is in equipoise, custody will be awarded to the legal parent
5 May 2010, 8:45 am by PaulKostro
Kinsella v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A parent or child seeking contribution towards the expenses of higher education should make the request before the education expenses are incurred
9 Oct 2009, 11:06 am
Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Adoption terminates the parental rights of the adopted child’s biological parents
16 Feb 2010, 11:05 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the absence of unconscionability, fraud, or overreaching in the negotiations of a settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
23 Jun 2010, 3:42 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the case of a closely-held corporation, valuation is particularly difficult because the corporation’s stock is not available on the public market
19 Aug 2009, 9:31 am
Bowen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues