Articles Posted in Hoboken Child Custody

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Back in August, a ruling by the highest court in Australia made international news. In the ruling, the court declared that the man whose sperm was donated to conceive a child had parental rights – including the right to block a move by the child and her mothers. While the ruling by this Australian court will have absolutely no direct effect on the law here in New Jersey, this issue of sperm donors is a very important one here in this state.

These types of issues can be incredibly important to some New Jersey families, including lesbian couples, couples where a male partner is infertile or single women who desire to have children. When your sperm donor seeks visitation or custody, it is important to know exactly how to handle this kind of case. One of your first steps should be to retain the services of an experienced New Jersey family law attorney.

In the Australian case, the biological mother was a woman who sought to start a family with her new partner, according to the Australian Broadcasting Company report. A male friend of the woman agreed to be the sperm donor. Initially, the women raised the child and the biological father visited periodically. However, after the mother’s wife developed cancer and the family decided to move to New Zealand, the biological father sued to block the move. The court system ultimately ruled for the biological father, concluding the man was legally a parent to the child.

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There are many reasons a child might go from living with one parent to living with the other. That change might be the decision of the parents or, in the case of an older child, the parents might allow that mature older child to have a voice in the choice. That child’s relocation may impact a lot of things, including child support. If your teenage child goes from living with your ex-spouse to living with you, then the law says that, generally, you are entitled to a change in child support.

It may mean that, going forward, neither parent pays. Alternately, it may mean that you go from paying your ex-spouse to receiving payments from your ex-spouse. Either way, a modification is often in order. Getting that change is not automatic when your child moves in with you, though. You have to go through a specific legal process to get your child support modified, so you should  have an experienced New Jersey family law attorney representing you and guiding you through the process.

To get an idea how this works, we can look at a recent court case involving a Hunterdon County family. The facts went like this: mother and father married in 1993, had a son in 2001 and divorced in 2003. At the time of the divorce, both parents agreed that the son would live with the mother and that the father would have visitation one night per week and every other weekend. The father also agreed to pay child support.

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Pink concert didn’t harm N.J. girl, judge says

A new case recently decided by the New Jersey Courts deals with the situation where one divorced  parent disagrees with the other about attending cultural events such as a music concert.  While the artist Pink was the subject of this case, you can see how it could be problem with a Miley Cyrus concert or a Wrestlemania event.

This case presents issues involving divorced parents, an eleven year old girl, and rock music. The parties are in the midst of ongoing contested litigation over physical custody of the child, during which the plaintiff-father contends that the defendant-mother abused her parental discretion and made an age-inappropriate decision by taking their daughter to a rock concert performed by the singer, P!nk, on December 11, 2013 at the Prudential Center 1 Pseudonyms and initials are used in place of the actual names of the parties and child at issue. in Newark, New Jersey. 2 For the reasons set forth in this opinion, the court holds the following: