Custody refers to parenting time and decision making, custody is an all encompassing term which has a lot of different facets to it. Parenting time would be physical custody, while decision making would be legal custody. If you’re speaking as custody as whole it would be both of those things together although they can be […]
FAQs
Does common law marriage have rights?
There is a lingering misconception that living together for a certain length of time in New Jersey, such as seven years, can trigger a common-law marriage that provides certain protections. There are a very small handful of states that still offer some type of common-law status, but New Jersey is not one of them. Common-law […]
How does a divorcing couple decide a parenting plan?
A divorcing couple can create their own parenting plan even if they’re not married and they’re just separated. It’s important to keep in mind that whether they’re in a divorce or just a custody dispute you’re able to agree to anything, reduce that agreement to writing, and file it with the court. These agreements are […]
How is the end of a domestic relationship different from a marriage?
When long-term relationships end it can sometimes be an unfortunate crash course in the legal difference between marriage and cohabitation. Couples who marry legally obtain tax breaks, inheritance rights, and various spousal benefits including health insurance. Marriage also confers certain legal rights to property and support in the event of divorce. Should the union end, […]
What’s the difference between joint legal and joint physical custody in Colorado?
In Colorado there’s a difference between legal custody and physical custody. Custody is basically broken down into these two categories of legal and physical. Legal is the right to make decisions about the child’s care, education, health and religion, while physical custody is the actual time the child spends with either parent. Custody issues are […]
Under what conditions will a judge grant visitation or custody of a child or a grandchild?
Any non-parent who meets the standing requirements can bring claim for parental responsibility. A grandparent is considered a non-parent. The Supreme Court case Troxel talked about the presumption in favour of a parent over a grandparent. In Colorado the statute has been expanded so long as the party has met the standing requirements, that they […]
Can you change your prenuptial agreement?
Your prenuptial agreement can be changed. Once you and your spouse are lawfully married and you decide that you want to change your prenup, all of the changes must be recorded in writing. Each party must sign the amended agreement acknowledging the new editions to the asset list or initial provisions. Your attorney can help […]
What guidance can an attorney offer for prenups?
An attorney can give you feedback on terms you would like to see in a prenuptial agreement and work with you on making the language of the prenup as thorough and precise as possible. If your fiancé objects to certain terms, your attorney can provide alternatives and creative suggestions for making the document one that […]
What can a parent do to protect their children from another parent?
If the parent legitimately believes the children are in imminent danger with the other parent, then he or she can file an emergency motion with the court asking the court to restrict parenting time. These motions are for literal emergencies, for imminent danger and not for a parent who cries wolf regarding danger to the […]
What can’t be included in a prenup?
The most notable exceptions are child-related matters, including child custody and child support. In New Jersey the courts hold that a child’s best interest can only be determined at the time a child and support order is sought, or a modified require is made, not beforehand. If spouses-to-be make an agreement about yet-to-be-born children and […]
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