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The subject matter of some reports – e.g., psychological evaluations and a bonding evaluation – entailed the exercise of subjective judgment rather than a straightforward, simple diagnosis based upon objective criteria or one upon which reasonable profess
27 Jul 2012, 9:47 am by PaulKostro
See In re Guardianship of K.H.O., 161 N.J. 337, 346-47 (1999) (recognizing “the complexity and subjectivity involved in evaluating parental fitness”); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Will was valid even if parent had discriminatory basis IN THE MATTER OF THE ESTATE OF KENNETH E. JAMESON, DECEASED
5 Sep 2016, 4:28 am by Kenneth Vercammen Esq. Edison
IN THE MATTER OF THE ESTATE OF KENNETH E. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Our courts normally will not entertain cases when a controversy no longer exists and the disputed issues have become moot
1 Jun 2011, 9:32 am by PaulKostro
Assistance & Health Servs., 154 N.J. 158, 165 (1998); In re Conroy, 98 N.J. 321, 342 (1985). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether a parent or guardian has failed to exercise a minimum degree of care in protecting a child is determined on a case-by-case basis and analyzed in light of the dangers and risks associated with the situation
15 Apr 2010, 8:51 am by PaulKostro
” In re Estate of Reininger, 388 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Terminating parental rights without any compensating benefit, such as adoption, may do great harm to the child
14 May 2012, 3:40 am by PaulKostro
” In re Guardianship of K.H.O., 161 N.J. 337, 347 (1999). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
In re Estate of Hope, 390 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An attorney’s charging lien against his former client is only an inchoate right, vesting only after a final judgment has been entered, and its enforcement subject to equitable considerations
16 Jun 2012, 6:33 am by PaulKostro
Jay Parrino’s The Mint, L.L.C., 172 N.J. 133, 142, 146 (2002); In re Estate of Balgar, 399 N.J. [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
Sloane, 193 N.J. 423, 434 (2008) (analyzing Fourth Amendment); In re Asia Global Crossing, Ltd., 322 B.R. 247, 257 (Bankr. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Gibbons Real Property Department Attorney Publishes in New Jersey Law Journal
15 Nov 2019, 11:12 am by Gibbons P.C.
” In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 33 (2015). [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing
5 Aug 2010, 12:04 pm by PaulKostro
This test was recently re-confirmed in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relationship between a child and parent should be curtailed by the court only when in the child’s best interests and not as a means to punish a parent or coerce a parent’s compliance with a court order
23 May 2012, 9:52 am by PaulKostro
See In re Guardianship of K.H.O., 161 N.J. 337, 350 (1999) (explaining that termination of parental rights is appropriate only to effectuate the best interests of the child and not as a means to punish a parent for past transgressions) (citing In re Guardianship of A.A.M., 268 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Nothing new under the sun
17 Oct 2007, 1:25 pm
I got a kick out of these recent stories from my old east coast stomping grounds: They're kicking several Jersey City, N.J. municipal judges off the bench for fixing parking tickets for their friends, and even themselves. [read post]
Jack Bog's Blog - http://bojack.org/
The creation of an attorney-client relationship is established when the prospective client requests the lawyer to undertake the representation, the lawyer agrees to do so and preliminary conversations are held between the attorney and client regarding th
15 Dec 2011, 1:48 pm by PaulKostro
Div. 2001) (quoting In re Silverman, 113 N.J. 193, 214 (1988)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Post-adoption sibling visitation is to be evaluated in an evidentiary hearing at which the applicant, to be successful, must prove by the preponderance of the evidence that such visitation is necessary to avoid harm to the affected sibling
17 Feb 2011, 9:37 am by PaulKostro
N.J. and D.R., and S.W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court’s subject matter jurisdiction in a matrimonial action does not normally encompass the power to adjudicate financial disputes that may crop up between a litigant and the litigant’s attorney
30 Nov 2010, 10:08 am by PaulKostro
Willoughby, 143 N.J. 256, 263 (1996)(quoting In re LiVolsi, 85 N.J. 576, 601-02(1981)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Uniform Child Custody Jurisdiction and Enforcement Act
4 Sep 2012, 10:00 am by PaulKostro
Div. 2010); In re Meng, 376 N.J. [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
., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Is a Patient Who Believes “Jesus Would Save [Me]” Competent to Refuse Life-Saving Medical Treatment?
15 Jul 2010, 2:28 pm by Eugene Volokh
In re Conroy, 98 N.J. 321, 382 (1985). [read post]
The Volokh Conspiracy - http://volokh.com
Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse
30 Jan 2012, 11:58 am by PaulKostro
In In re Kozlov, 79 N.J. 232 (1979), the Court required that, aside from the express exceptions contained in the rules, a party seeking to pierce a privilege must advance a legitimate need for the evidence, show that it is relevant and material to the issue before the court, and establish that it cannot be secured from a less-intrusive source. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A writing need not be signed by the testator in order to be admitted to probate
5 Jul 2012, 6:38 am by PaulKostro
In re Probate of Will and Codicil of Macool, 416 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues