Family Lawyer Englewood Cliffs, NJ
Family Lawyer Englewood Cliffs, NJ
If you’re going through a child custody battle, you should consult a family lawyer in Englewood Cliffs, NJ that residents trust. Lawyers from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC know that a child custody battle is a tough process, and you don’t want to go through it alone. Here are some common mistakes to avoid during the process.
Not Being Careful About What You Post on Social Media
A child custody battle is emotionally draining, so it’s understandable that you may want to vent your frustrations. However, you should avoid talking about your case on Facebook and other social media pages. If you talk poorly about your former spouse and use foul language, you could look like an unstable parent. Additionally, you shouldn’t post any photos of you drinking at a bar or engaging in other behavior that may be deemed inappropriate. Don’t post anything on social media that you wouldn’t want the court to see.
Refusing to Compromise With the Other Parent
Even if you and your former spouse aren’t on good terms, you shouldn’t put your ill feelings above the best interests of your children. If you refuse to communicate cordially with your former spouse and not compromise on any matters, the judge may think that you care more about getting back at your former partner rather than the well-being of your children.
Disobeying a Court Order
Before your child custody battle is complete, the judge may issue several temporary court orders. If you disobey any of these orders, the judge will find that very disrespectful and use that against you during the child custody proceedings. However, if the judge issues a temporary visitation schedule that doesn’t work for you, discuss the issue with your family lawyer in Englewoods Cliffs, NJ. He or she will talk to the judge and try to convince him or her to make the necessary changes.
Taking Your Kids on Vacation Without Consent
In the midst of a stressful child custody battle, you may want to take your kids on out of town for a few days to relax and have fun. However, you shouldn’t do this before asking the other parent for permission. If you take your kids on vacation without consent, the judge could view that as kidnapping.
Speaking Poorly About Your Former Spouse in Front of Your Kids
It’s understandable that you may be angry and upset with your former spouse. However, that doesn’t mean you should make insulting comments about him or her in front of your children. They’re already going through a difficult time, and hearing you talking poorly about their parent will just make them feel more uncomfortable.
Refusal to Give Child Support
If a judge during your case has ordered you to pay child support then it is in your best interest to do so. Those who opt to not pay child support will look negative to a court. Not helping out with child support shows a judge that you are uninterested in supporting the future of your children. Even if you are interested in your children’s future, it’s best to ensure that they have the best possible support going forward. This will undoubtedly affect the status of your case for trying to gain custody of your children.
Lack of Time Spent with Children
A family lawyer in Englewood Cliffs, Nj will tell you to spend time with your children. In court, the judge will have records of how much time you spend with your children and those who fail to spend much time with their children will look disinterested to a judge. If you are someone who looks uninterested in their children then this drastically can affect your chances of having custody of your children in the future.
Sending the Kids Off to a New School
There are times when one parent decides during their child custody case to move their children to another school. This is generally because one of the parents has moved to a new area that is affiliated with a different school district. However, moving children to a new school, especially in the middle of a school year could spell challenging circumstances for the children involved. When children move schools they are suddenly placed into a new environment away from their previous comfort zone of friends and teachers. Change is difficult for all to go through and that is especially true of children. Lawyers from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC understand these difficulties and how they will affect your case going forward.
Living With a New Love Interest
Moving on to another love interest and having your children spend time with them is something that should be considered very carefully. When children are thrust into spending time with a new love interest of one of their parents this can cause confusion and strong emotions. This is a major change in their lives to see one of their parents moving on from the other. It’s best to not put this on them as it may cause issues. A family lawyer in Englewood Cliffs, Nj would recommend you to not live with a new love interest and to be very careful with how you introduce your children to that person.
Not Keeping Documents
Keeping track of documents is crucial in a child custody case. For example, if there are legitimate concerns that the other parent has done something harmful then having a document of evidence of that is very important in your case. Other documents could include a record of who is spending time with your children at what points. The importance of a document such as a time spent document could show that one parent doesn’t spend that much time with the children and therefore may be disinterested or unavailable for them.
If you need assistance with your child custody battle, schedule a consultation with a family lawyer in Englewood Cliffs, NJ today. Call Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC today.
How to Handle Unfavorable Outcome in Your Divorce
A family lawyer Englewood Cliffs, NJ trusts understands that sometimes, cases do not work out the way we hope they will. You may not receive the amount of maintenance or child support that you were seeking, or you might not receive any parenting time at all. While some decisions may not be challenged, many if not most can be appealed or petitions may be filed to request reconsideration. In short, in most cases, all is not lost if you receive a denial or other unsatisfactory result.
Appeals and Motions
There are two main methods by which a request to reconsider may be filed in Illinois, and which to use depends on the nature of the perceived problem with your case. If you believe that the judge made an error of law, and your attorney raised the proper objection at the proper time, it is appropriate to file an appeal. The New Jersey Appellate Court governs the relevant procedure, and if one examines them it is easy to see that the requirements are strict.
You must file your appeal within 45 days of the final judgment’s entry (or the entry of the relevant order, in some situations), and the record is restricted only to questions of law. You may not simply re-litigate your case in a new courtroom.
By comparison, if your dispute with the ruling is one of fact, rather than law, a motion to reconsider is the preferable option. This is especially true if you acquire new information that has the potential to change the judge’s ruling (or would have, had it been available at trial). If you file a motion to reconsider and simply argue the same points, your motion will be denied. Your Englewood Cliffs family lawyer will be able to determine which option is the best one for your circumstances.
In Case of Default
Sometimes, a judgment will be entered against you when you have not been able to properly respond. This is called a default judgment, and they are generally filed when the defendant in a suit has not responded to the satisfaction of the court. This may occur due to the defendant’s own negligence, or the negligence of their attorney, or it may occur because there has been some mistake or defect in service of the lawsuit. Either way, it will be necessary to file a motion to set aside the default unless you want your spouse to have full control of all marital issues and assets.
While it may seem a vain cause, be advised that if you do file a motion to set aside the default judgment, and you do so quickly (within 45 days after the default date, generally), it is plausible that the judge will be amenable to reopening the case. It is good public policy to settle cases, rather than simply send them away due to errors in procedure, and judges will generally want to clear their dockets if possible. If your motion to set aside is not filed by the 45-day mark, however, it will likely be denied unless you can demonstrate a tangible defect in the service of the lawsuit.
Contact Our Family Law Firm for Legal Assistance
Whether you need legal help filing for a divorce, filing a modification, or filing an appeal, you want to make sure you have a skilled family lawyer in Englewood Cliffs advocating for you. Call Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC today to schedule a free consultation and see how we can help.
Frequently Asked Questions About Prenuptial Agreements
If you find yourself needing a family lawyer, contact the family lawyer Englewood Cliffs, NJ residents trust. While many people think of a family lawyer as dealing mostly with divorce, family lawyers cover many areas, including prenuptial agreements. Prenuptial agreements tend to elicit a wide range of responses, so here are some frequently asked questions and answers.
- What is a prenuptial agreement?
A prenuptial agreement, commonly referred to as a “prenup,” is an arrangement between two people who are planning to get married and wish to divide their assets and liabilities in case the marriage ends in divorce. Assets can include property, money, vehicles, paintings or any other item of value. Liabilities most commonly refer to debt held primarily by one party. The prenuptial agreement is contractually binding and therefore it is usually best to have an Englewood Cliffs family lawyer assist you when drawing up the agreement.
- Why should I consider signing a prenuptial agreement?
Choosing a prenuptial agreement is a very personalized choice, but since they are crafted to take care of your particular situation, they can include what is most important to you. While traditionally prenuptial agreements deal with property or cash, they can also outline how education or retirement funds will be allocated in the event of a divorce. Furthermore, a prenuptial agreement can be a way to protect assets for children you may have from a previous relationship.
- What is not covered by a prenuptial agreement?
A prenuptial agreement typically only covers financial or property assets. It does not cover other important issues couples face if they decide to divorce, such as a child custody arrangement, visitation rights, or child support costs. Those particular issues have to be dealt with during the divorice proceedings and take into account the child’s best interest. Often judges consider which parent is the primary caregiver, the mental health of both parties, and the financial situation. Other issues not decided in prenuptial agreements include personal preferences, such as dividing up chores.
- How do I start a conversation about a prenuptial agreement with my future spouse?
It can be a tricky topic to discuss, but broaching the subject may be important for you. You know your partner best, but it may be beneficial to remind your future spouse that you love them and want to spend the rest of your life with them. Then, perhaps consider asking if they would be interested in pursuing a prenuptial agreement for insurance. Similar to how you have life insurance in case you pass away, even if you are perfectly healthy, it may be beneficial for you to consult a Englewood Cliffs family lawyer to draw up an agreement merely as an insurance policy.
- What if I am already married, but think my spouse and I could benefit from a prenup?
If you are already married and interested in creating a financial agreement that would go into force if you and your spouse divorced, the good news is, you can! It is called a postnuptial agreement. It works the same as a prenuptial agreement. Often couples decide to get a postnuptial agreement when there is a change in their situation or they do not already have a prenuptial agreement. Changes can range from one spouse starting a new business to having children.
Do not wait any longer! Contact Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC today for your consultation.