Supervised Parenting Time: What’s the Standard?
It happens all the time: a parent makes an accusation against the other parent and the court has to make a quick decision, based on limited information, on what to do with parenting time for the accused parent. It should be unsurprising that courts faced with this situation will claim they lean toward protecting the […]
Carolyn Daly sworn in as Vice President of NJ AAML
Carolyn Daly, founder and managing Partner of Daly & Associates, was sworn in as the Vice President of the New Jersey Chapter of the American Academy of Matrimonial Lawyers (AAML) on Thursday, June 10 in a virtual swearing-in ceremony. Ms. Daly, who has been a fellow of the AAML since 2011 and served as Treasurer […]
The Intensive Settlement Conference (aka “ISC”): What You Need to Know
Courts in New Jersey try to help parties resolve their divorce at several different stages of the litigation. There is Custody and Parenting Mediation, Case Management Conferences with parties and counsel, the Early Settlement Panel (ESP) and Post-ESP mediation. If all those opportunities prove unsuccessful, the court will then schedule an all-day Intensive Settlement Conference, […]
Stimulus Pitfalls
Why the New Stimulus Bill is Set to Cause Headaches for Divorced Parents. By Carolyn Daly, Esq., Founder and Managing Partner of Daly & Associates, LLC with help from special guest contributor Barbara Bel, CPA The new stimulus bill sounds like a great deal: extra money the government is giving you, including your children, as […]
That was Quick: NJ Legislature Pulls a U-Turn
Says Parents Must be Notified of Underage Marijuana/Alcohol Offenses Normally, you equate the government with “deadlock,” “slow-moving,” or “red tape,” but not this time. After hearing an outcry from the public about new rules that legally prevented officers from advising parents about underage individuals caught with marijuana or alcohol, the legislature last week signed a […]
My Case Did Not Resolve at Early Settlement Panel. Now What?
In one of our prior posts, we discussed the importance of the Early Settlement Panel (ESP) and how the panelists can help you resolve your case. However, not all cases successfully resolve at ESP. If your case doesn’t resolve, what comes next? If the panelists are unsuccessful at resolving your case, you and your attorney […]
Legalizing Marijuana: Consequences and Considerations in Family and Criminal Law
After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. That same day, the Attorney General sent out guidance to law enforcement regarding the bills, as […]
Marijuana Legalization Impacts: Considerations for Juveniles and Young Adults Under Age 21
Are kids allowed to use marijuana or drink alcohol? It may be easier than you think. After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. […]
Marijuana Has Always Been Legal
New laws change the past, present, and future in New Jersey After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. That same day, the Attorney […]
The COVID-19 Vaccine and Joint Custody Determinations
What if parents disagree on whether or not to give their children the vaccine?
A few of our clients have begun to reach out to ask the question: What happens if my ex and I disagree about whether our child(ren) should receive the COVID-19 vaccine?
The Next Court Appearance: What is the Early Settlement Panel?
Once discovery has been completed, or in some cases, largely completed, the court will schedule your case for an Early Settlement Panel (ESP). The panelists are experienced family lawyers who have no involvement in the case, but serve in counties where they are familiar with the judges who will hear your case and can provide insight into the potential outcomes after a trial.
Court Sponsored Custody and Parenting Mediation: What You Need To Know
If you have minor children and custody is at issue in your divorce (or in cases where the parties were not married), the court has a number of services available to parents to attempt to help them determine a custody and parenting time plan that takes into account a family’s individual needs and the best […]
What is the Parent Education Program?
The Parent Education Program is a mandatory program for litigants with children to attend. Both litigants are required, by statute, to attend the program, but are scheduled for different dates. It takes place at the courthouse, or via Zoom or other video conference, with a number of other litigants. It is a one-time workshop, approximately […]
The Court Process After the Filing of the Complaint For Divorce- What Happens Next?
First, the other party is served with the Complaint for Divorce or Acknowledges the Complaint for Divorce and files a responsive pleading; an Answer, an Appearance, or an Answer and Counterclaim for Divorce. If they don’t answer, a default can be entered, but that is a different process. Once the responsive pleading is filed, you […]
THE CUSTODY EVALUATION PROCESS: HOW TO PREPARE AND WHAT TO EXPECT
The job of a Custody Evaluator is to make a determination regarding the best interests of the child. Depending on the facts of your case, an evaluator’s determination regarding the “best interests” may include whether a party should have sole or joint legal custody, whether a party should have sole or joint residential custody, what […]
A CURE FOR YOUR PANDEMIC BACKLOGGED DIVORCE OR OTHER FAMILY LAW MATTER
Since the pandemic began, the backlog on cases in the New Jersey court system have more than doubled. Case backlogs are growing fastest in the Family Part. According to the Administrative Office of the Courts, which monitors this data, the backlog in non-dissolution family part cases grew by 531%, from 502 cases in May 2019 to […]
“Sexting” is a Dating Relationship
Do you have a “Sexting” Partner? If so, the Appellate Division says you could be in a “Dating Relationship” under the NJ Prevention of Domestic Violence Act Want to obtain a restraining order in New Jersey? The appellate division made that a little easier with a published decision in C.C. v. J.A.H., released on May […]
The New “Virtual” Reality for Court Proceedings
With the onset of COVID-19 and Governor Murphy’s stay-at-home order, the court system has had to implement a number of procedures and protocols in order to allow courts to continue functioning while we all continue to social distance. Although jury trials and other criminal proceedings are suspended, most other dockets are continuing. The court system […]
3 Steps to Getting Divorced
WANT TO GET DIVORCED? IT’S NEVER EASY … ESPECIALLY NOW According to provisional data released by the CDC for the year 2017 (the latest year we have data for), the “marriage rate” is currently at 6.9 per every 1,000 people in the United States, while the divorce rate is at 2.9 per 1,000. That means […]
Co-Parenting Through a Pandemic
Attorney Carolyn Daly shares expert advice on navigating custody, parenting time and child support through this COVID-19 period. Originally Published by New Jersey Family on April 13, 2020. Read it here. Many parents have questions about custody and parenting time during this pandemic. The problem is there is no one answer to any of those questions. […]
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