All about NJ Family Law

What is joint legal custody you ask?

Helen Glass — Mon, 30 Jan 2012 22:38:46 +0000

I am often asked what the differences are between joint legal custody and sole custody. In New Jersey it seems we have lots and lots of different kinds of custody, and the kinds of arrangements are as varied as I suppose they need to be. The best definition of joint legal custody I’ve found to date, appeared in the case of Emma v. Evans, an Appellate Division case that stands for the proposition that a custodial parent cannot without the OK from the non-custodial parent (or the parent of alternate residence, as we call it now) change the last name of the children. You can read about Emma v. Evans on my website here: http://www.helenglassesq.com/new-jersey-divorce-news.htm

But I digress. . .

The case quoted Supreme Court and other Appellate Division cases in explaining joint legal custody as “A stipulation to joint legal custody constitutes the parties’ agreement to share “authority and responsibility for making ‘major’ decisions” regarding the welfare of the children, calling upon “both parents to remain decision-makers in the lives of their children. . . . legal custody [is a] shared obligation, calling upon the parents to first attempt to “agree, communicate and cooperate . . . notwithstanding animosity of acrimony they may harbor towards each other.” [I have left out the citations for the sake of brevity.]

Simple words, but words to live by for the best interest of your most important asset!

If you have family law issues, alimony disputes, or any post judgement modification, in Bergen or Passaic County, contact me today at (201) 343-0287, or email me at Helen@HelenGlassEsq.com My office accepts credit cards, and offers personalized, attentive and compassionate service. Please see my website for comprehensive information at http://www.HelenGlassEsq.com

Haven’t posted for a while

Helen Glass — Wed, 25 Jan 2012 23:11:41 +0000

Busy I guess, and being busy takes away my motivation to post here. I’ll have to work on that. . . What you ask is my motivation now? Well, I am busy, but have been home for the last almost 2 weeks, letting myself heal from a terribly stupid accident I got myself into. Oh well – they say that what doesn’t kill you makes you stronger, and I’ve vowed to be more diligent as to posting here, and updating my website. I guess time will tell. Have to count myself lucky – relatively minor injuries – no scars, and should be healed up just in time for boating prep season. Really counting my blessings, since I spoke to a friend today who just underwent a double mastectomy for the big C.” Ouch and get better soon dear Kat.

A word about hospitals – yes those who know me personally know that I stay as far away from hospitals and the rest of the medical profession as much as possible – and my recent experience confirms my aversion. The MD who attended left everything to the technicians and nurses – one of whom (who?) could not get a needle in my arm to save her (my?) life. Another who gave me a men’s large surgical shoe, and crutches to navigate on with broken ribs. The MD did look at me for a couple of minutes – but got a phone call in the middle of it all, and seemed more interested in updating info on the computer than attending to patients! I lived through it all, although I won’t be going back! With all the waste of that encounter, it is no wonder out health insurance is such a wreck! You know, it occurred to me that we don’t get to ask the price. No price check, no comparison shopping, and we pay the same for an MD that graduated #1 in his or her class, as we do for the one who graduated last. After all, we do call the one who graduated last “doctor.” Seems if there was some price competition, or even if there was disclosure of price, we might end up with a more competitive system . . . I’m just sayin’!

Just Lucky I guess

Helen Glass — Wed, 17 Mar 2010 03:25:07 +0000

I consider myself very lucky – I was without power for a total of about 18 hours this past weekend. I actually spent Saturday night reading Game Change by flashlight. Once it became evident that the power would not go on in the customary “few minutes” I noticed how much there was not to do at home. No TV, computer, no email, no music – couldn’t even do any of my scheduled chores since nearly all required the application of that oh so useful “juice” from the grid.
Heat wasn’t really a problem – it was warm enough in the house – and even the following morning, when I and a couple of friends indulged ourselves by going out for breakfast (along, it seemed with the rest of Northern New Jersey!) it was still somewhat OK temperature wise.
I give credit to the good guys at PSE&G and the other utility companies for cleaning up so quickly. I saw trucks leaving the neighborhood early Sunday am (we’re talking wee hours here folks. . .) and give the “thumbs up” for their efforts in the rain (even though my power wasn’t restored at that time.)
I spent a goodly amount of time searching for info on my “smart phone” and neither the local utility site, or the NJ Office of Emergency Management had ANYTHING useful. Oh – though, I did get a mechanized phone call from Emergency Management on Sunday night (After my power was back) informing that the power was out (Really? I wouldn’t have noticed – thanks for the call) and that we had another 3-4 days to go. Of course, at this time, my TV was blaring (making up for lost time you know), the electric kitchen stove was in the process of brewing up some dinner goodies, and the lights were burning brightly. Really OEM – get your act together!
My heart goes out to those still in the dark – literally as well as figuratively – hope your juice starts to flow soon.

The Snow Plow Man

Helen Glass — Sun, 28 Feb 2010 16:24:00 +0000

OK, a bit off track here, but why not? Most of spent the better part of last week worrying about, looking at, and shoveling a massive amount of what some call “Global Warming.” No matter what your term, I spent Wed. evening trying to get a head start on the inevitable pile of white stuff that I knew could collect at the end of my driveway. I shoveled – just to get ahead mind you . . . I went back into the house. Two minutes later . . . WOULDN’T YOU KNOW IT? Along comes the PLOW! Yep, the City had decided to get ahead of the accumulation too! Undeterred I returned to the outdoors. I shoveled again. Breathless, I returned to the house. Yep-you guessed it – along comes another $^%#@ PLOW. The City is adamant that my street will be clean. My driveway – another story. WHY do they think its a “good thing” that we can drive on the street, but not be able to get out of the driveway?

Next morning – the scenario repeats. EVERY time I shovel, the plow man comes and blocks me in again. Its a cat and mouse game now. I wait inside the house . . . booted, hat and gloves at the ready. I wait . . . wait . . . patiently now. Snow Plow comes and goes. I rush out, shovel the end of the drive. AGAIN he comes down the street – plow ominously tipped towards my side. He scrapes the roadway clean – again my driveway is blocked!

Undaunted, I return to the end of the drive. This time, I throw all the snow to the “downhill” side – hoping the plow will have nothing left to block my drive with. HE returns! Yikes this time, HE dips in another foot or two – just before my driveway. I shake a fist – he gives me a “one finger” salute. GAME ON!

I shovel – he plows – he brings his buddy plows. I VOW – I WILL WIN! I will have the LAST WORD. Exhausted now, I head out one last time. Sun comes out – snow has stopped. I shovel – No Plow – No snow. I return to the house. IT SNOWS!

BUT Alas – snow stops. Sun appears. Snow melts! I HAVE PREVAILED!

Canadian Bacon?

Helen Glass — Thu, 25 Feb 2010 17:55:45 +0000

OK – its snowing here – snowing a lot. Like most American’s I’ve been entertaining myself watching the Winter Olympics. What’s with those Canadians? Not that I have anything against Canadians (I kind of like them – truth be told) but they seem to be messing up big time. First there was the Olympic Flame that just couldn’t rise to the occasion. Some have suggested that a blue pill could have saved the day!
Then there was the ice issue, a delay of over an hour because the *&%$ ice wouldn’t freeze up.
Of course, we all mourn the passing of Nodar Kumaritashvili, the Georgian Luger who spun off the track in a training run. One would think in this age of engineering miracles that the track could have been designed with more safety in mind.
Then of course, there is the most recent goof of sending skiers down the Giant Slalom course in one minute increments, robbing (it appears) Julia Mancuso of Olympic Gold because of her teammate, Lindsey Vonn’s finger breaking fall!
Please Canada – get it together – you only have a couple of days left.
Me, I’m going out to shovel, and then curl up with a cup of hot chocolate to watch the Olympics tonite. God Bless those Aerialists!

Mandatory College Contributions – Constitutional

Helen Glass — Thu, 25 Feb 2010 17:52:25 +0000

In a recent unpublished opinion, the Appellate Division held that the father’s argument that compelling a non-custodial parent to contribute to college expenses when such an obligation is not imposed upon a parent in general is a violation of the Federal or State Constitution. In this case, the father had not raised the issue below, and there was a Property Settlement Agreement that required Dad to contribute to the extent of his financial ability. The father’s argument that his contribution should be limited to that which Rutgers would charge was also dismissed by the Court. You can read the opinion here: http://lawlibrary.rutgers.edu/courts/appellate/a2230-08.opn.html Stay tuned to this issue – NJ is one of a minority of states which requires divorced parents, but not those in an intact marriage to contribute to the college expenses of their children. Not that there is anything wrong with that! Except it appears to be a disparate treatment of divorced individuals. Constitution 101??

Palmony RIP

Helen Glass — Sat, 06 Feb 2010 16:22:36 +0000

Governor Corzine, in one of his last acts as Governor, signed into law an provision which requires all Palimony agreements to be in writing to be enforceable. Palimony – Rest in Peace! See the full text of the law here http://www.njleg.state.nj.us/2006/Bills/A3000/2796_I1.PDF

Arbitration OK’d for Custody

Helen Glass — Tue, 07 Jul 2009 20:06:13 +0000

OK – Arbitration has been approved by the Supreme Court of New Jersey as a way to resolve those pesky child custody and visitation issues. Those of you fighting over the kids now have another way of spending their college funds to get over on one another. Read the entire case of Fawzy v. Fawzy decided on July 1, 2009 here. http://lawlibrary.rutgers.edu/courts/supreme/a-38-08.opn.html

Emailers beware

Helen Glass — Tue, 10 Mar 2009 23:56:49 +0000

Those of you who use company email or computers to send emails to your attorney better beware that those emails may be subject to discovery, and not protected by the attorney client privilege. That’s what happpened to Maria Stengart whose email to her attorney as to her plans to sue her employer popped up in that very lawsuit. Whoops – Maria shouldn’t have used the company’s laptop! Read all about it in Steigart v. Loving Care Agency (BER-L_858-08). Loving Care Agency may not have been loving in Ms. Stengart’s eyes after all!

Gay Divorce OK – Gay Marriage NG

Helen Glass — Sat, 21 Feb 2009 21:03:13 +0000

Here’s one to tickle your psyche. A Gay couple, legallly married in Canada was granted a divorce in good ole Mercer County recently. Here it seems that the plaintiff, La Kia Hammond had moved to NJ and thus did not satisfy the residency requirement under Canadian law. She was separated and was living in New Jersey. Lia Kia had been diagnosed with terminal musculat dystrophy and needed a divorce quickly so that she could move back to Canada and marry another woman who was willing to care for her. Her partner did not contest the divorce.
In determining that the couple was entitled to divorce in New Jersey, Superior Court Judge Mary Jacobson ruled that even though New Jersey does not permit same sex marriage, nevertheless, the principle of comity requires our courts to recognize marriages granted in other states or countries. The judge determined that the marriage did not violate the public policy of New Jersey, and would be recognized for dissolution purposes. In ruling from the bench, Judge Jacobson expressed that what Lia Kia needed, is a divorce, and not a civil union dissolution, because she was married, and “you don’t end a marriage with a dissolution of a civil union.” I give kudos to Judge Jacobson for putting common sense and decency in front of old minded bigotted notions, and doing the right thing in this difficult case.