Articles Posted in Hoboken Divorce

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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:

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Dupuy: End the war on deadbeat dads

Interesting article from a women whose father was a deadbeat Dad but who is against putting men who do not pay their child support in Jail.  I have on a few occasions fought  for child support payments from delinquent fathers to the point of getting them in handcuffs in front of the Judge.  But invariably they pay a small amount of support and get out of jail.  On one hand, without threat of jail there is a possibility that a person would not take child support seriously, but on the other hand, what good does it do to put a person in jail for not paying his debts.  Nothing is simple.

 

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June 27, is Helen Keller day, and I just happened to watch “A Miracle Worker” on TV, which is a great, great movie about how Helen Keller was taught to understand the world by her teacher Ann Sullivan.  Well, the part of Helen Keller was played by Patty Duke and she played such a great part that I looked her up on good ol’ Google and come across another true family tale. 

‘A family law attorney sees and hears a lot of what might be called “ inconvenient truths”  but increasingly our culture, is more and more accepting of the truth.  What was scandalous years ago, is pretty much accepted, except for of course some people who don’t understand that there is no standard, average perfect family, and how  it’s the imperfections that we must all come to love and accept.

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Sean Astin’s Childhood With Patty Duke

In The Lord of the Rings he cheated death, fought enemies and helped bring a gold ring to its destruction. But before taking on the role as Frodo’s trusted sidekick, Sean Astin survived a struggle of a far more personal sort.

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They say you learn new things everyday.  Well as a long time Hoboken resident and Attorney I thought I knew about most things the City Government did.    But there is always something new to learn and that is the wonderful and much needed Hoboken311, which is a website that provides a lot of information about Hoboken Laws and regulations and, which was new to me, you can give detailed requests to the City about problems that need to be corrected.  Me, I complained about a broken sidewalk near my office.  Here is a screenshot of my request:

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I will update this Blog about the response to this request, but I think it is just great that at lease there is a process in place to deal with Citizen requests and suggestions.  Check it out.

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http://narrative.ly/2012/11/fortunate-one/

Photos by Sophie Butcher

Fortunate One

A writer turned PR director turned stockbroker finds her calling among a deck of tarot cards.

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A Paperless office is great when the Power is on !!!!

  • Not so great when the Power is off.
  • But the Power is back and we are open and ready for business.
  • For all my clients, all your files and papers and documents and emails were not touched by the Storm.  Everything is safe  We moved and protected them. 
  • Our Computer  servers were also protected and we are getting fully online this Sunday Nov. 4th.  Please call the office at 201 656-1000 if we don’t answer just leave a message.  Email is working.
  • We also are implementing a new Text to Office service, since it is clear that Texting is the way most people communicate.   We will be the first Law office that I know of that will have a Text Number for the office.   That should be up and running next week.

Now on to some Legal Advice for all.

  • At this point it is too early to know the exact process and procedure for people trying to recover money for all their damages.
  • Frankly, for most people and most damages, lawyers will probably be more of a problem than a means for a solution.  I have received  many calls already about property damage and my advice is this:
  • Use that Cell Phone Camera and take pictures and more pictures.
  • Take close-ups and far away shots.
  • Use your camera to take pictures of any relevant receipts or things you are replacing or fixing.
  • Make sure the photos are dated.
  • Use some system to take voice notes, like even calling yourself to document your thoughts

And now for some Spiritual Advise.

Break out the Bubbly and have a great time !!!!

Frank Marciano

(this was written short and sweet, more to follow.)

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  In Hoboken a lot a people live together that are not married, and have no written agreement regarding their relationship.  Ranging from craigslist strangers to long term couples with children that have lived together for years without getting married, to same sex partners that never got around to filing for a civil union.  For many years, even without a written agreement, the courts would examine the relationship and take into account oral promises to support from one party to another.

This  promise by one party to a relationship to provide support for the other party to the relationship, either during or after termination of the relationship, is now not binding unless it is in writing and signed by the party making the promise.

As of January 2010. N.J.S.A. 25:1-5 (h) immediately amended the Statute of Frauds to include a provision relating to personal relationships:

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Article by Judy Marciano, who is getting so good, that people now say when they see me, oh that’s Frank, the Realtor’s Husband.

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The last census taken in Hoboken showed our population in the year 2000 at 38,577 people. As you know, we just had another census count taken this year and by all accounts our population has increased by at least 10,000 bringing the total to around 50,000 people. This amount does not include people who come here to work or party, it is just the residents. There are a few people in Hoboken who think this increase is a bad thing, but they are a small, but vocal minority, most people are happy that the increase in population has brought more stores, more food places and more activity on the streets. All of which has made Hoboken a safer and more vibrant community.

What many do not know is that in the next 10 -20 years there are plans to increase the residential housing stock to add another 10,000 residents to our city. On the Southern edge of Hoboken, New Jersey Transit put forth a proposal by a planning firm called FXFOWLE to add 6,000 residential units to the City. While that plan was withdrawn for now, a more modest plan for an 18 story high rise building is proposed on the site of the existing bus terminal. Since it is on only 3% of the 54 acres that New Jersey Transit controls you can be sure more development will be proposed on their property.

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Just received the Appellate Court’s Decision in a trial I had in Hudson County Chancery Court that reversed the Trial Court’s judgment. This was an interesting case involving rent control in Hoboken, reformation and rescission of a contract, and many other points of law discussing what happens when rent control issues come to play in the sale of a multi unit building. It also is a great example of how slow the legal process is and how Judges can be wrong and how the system does allow a person to appeal and overturn a judges decision. For those that are not attorneys it must not make that much sense that decisions and opinions at the trial level are not always correct. In this case the Trial judge is one of the smartest and fairest judges that I have appeared in front of, but for whatever reason he saw the case as presented in way that my client thought was incorrect, so we appealed, and thankfully three appellate court judges took the time and effort to write a 19 page opinion that reversed the trial judge’s judgment so that my client won his case.

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Erin Weed is a client and friend and an extraordinary person who has created a life dedicated to more than just herself. Go to her website to learn about simple strategies for self defense. On her product page you can find items as a pepper spray key chain, mini window alarm, door stop alarm and other items that will give you a slight edge in case of assault or burglary. From the personal experience of clients and friends I know that Hoboken is not as safe as it seems. Lurking around this town are bad people just looking for that moment of vulnerability. And for all those women who travel for work and find themselves alone in hotels, the techniques and devices that GFB offer can literally be the difference between life and death.