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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 Uniform Child Custody Jurisdiction and Enforcement Act
4 Sep 2012, 10:00 am by PaulKostro
Greely 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
The New Jersey Uniform Child Custody Jurisdiction and Enforcement Act
16 Feb 2010, 10:26 am by PaulKostro
Law Lessons from OSMAN KHAN 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
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
The common law doctrine of res gestae
13 Jun 2011, 12:20 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
State 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
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
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
The constitutional right to effective assistance of counsel has no application in civil proceedings
16 Jun 2010, 10:30 am by PaulKostro
See State 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
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
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
You have been charged with a criminal offense — do you qualify for PTI?
26 Jul 2010, 8:12 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is Arbitration?
2 Jul 2009, 5:12 am
As the Court stated in Garfinkel v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A victim of domestic violence who succeeds in obtaining final restraints under the Act may recover reasonable attorney’s fees from the defendant
28 Mar 2011, 7:24 am by PaulKostro
Wine v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues