Emancipation – Middlesex Monmouth Union Ocean County NJ

In a published decision issued by the Appellate Division of the New Jersey Superior Court on April 13, 2015, the court agreed with a trial court judge that a 20 year woman who had left her mother’s home and began living with her biological father was legally emancipated because she was beyond the sphere of influence of both of her parents. The young woman had been adopted by James Shewchuk when she was about 2 years old after he married her mother. The young woman sought a continuation of child support from her adoptive father and mother, contending that she was pursuing her education and that her biological parents were supporting her in addition to her working a part time job while attending a community college.
The case is LLEWELYN V. SHEWCHUK.

Protecting your Emancipation Rights in New Jersey

Emancipation law clients of Robert E. Goldstein, Esq. can be assured that they will be treated with diligence, compassion and with knowledge of the law and the consequences unique to their cases. Call (732) 972-1600 today to speak to one of our skilled Attorneys, or Contact Us via our contact form. Located in Manalapan (Monmouth County, NJ), Cranford (Union County, NJ) and Midtown Manhattan (New York, NY)

Manalapan NJ is not the only community we serve, we also provide attorney services for all of Monmouth County including but not limited to:

• Emancipation Lawyer Services for Colts Neck NJ
• Emancipation Lawyer Services for Farmingdale NJ
• Emancipation Lawyer Services for Red Bank  NJ

We take Emancipation cases throughout New Jersey, to include Monmouth, Middlesex, Ocean, Somerset, Burlington, Mercer, Morris, Bergen, Essex, Union, and Hudson Counties.

Grandparents Visitation Rights | Monmouth County, NJ

On April 10, 2015, the New Jersey Appellate Division decided, in the case of M.K. and L.K. v. A.K., that the paternal grandparents of two children, whose father had died suddenly, should be entitled to visitation with the grandchildren over the objection of the children’s mother. The Court found that the parent of the children’s decision was entitled to deference but was not controlling, and that the grandparents had proved by clear and convincing evidence that the grandchildren would be harmed if they were deprived of a relationship with the paternal grandparents.

Under the New Jersey Grandparents’ visitation statute, the grandparents must prove by a preponderance of the evidence that visitation is necessary to avoid harm to the child. The grandparents’ evidence can be expert or factual. The termination of a long-standing relationship between the grandparents and the child, with expert testimony assessing the effect of those circumstances, could form the basis for a finding of harm.

In making a determination about grandparents visitation rights, the court will consider eight factors:

1. The relationship between the child and the applicant;

2. The relationship between each of the child’s parents or the person with whom the child is residing and the applicant;

3. The time which has elapsed since the child last had contact with the applicant;

4. The effect that such visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;

5. If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;

6. The good faith of the applicant in filing the application;

7. Any history of physical, emotional or sexual abuse or neglect by the applicant; and

8. Any other factor relevant to the best interests of the child.

Our law office is located in Manalapan, NJ. We are fully capable of handling any Grandparent Visitation Right concerns and have been serving Middlesex, Monmouth, Union, and Ocean counties for many years. Contact us by using the contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.

Grandparents Visitation Rights | Monmouth County, NJ

On April 1, 2015, the Superior Court of NJ, Appellate Division ruled in the case of O.P. v. L.G-P. that a judge may not order a divorced couple to mediate post-divorce disputes when a final restraining order (FRO) had been entered barring contact between the parties sometime after the parties were divorced, even though the parties’ settlement agreement, made part of their final judgment of divorce, mandated mediation for disputed financial or parenting issues.

The court pointed out that there is a strong policy to avoid domestic violence which trumps the agreement of the parties, even if they are represented by counsel at the post-divorce mediation.

Divorce Dependency Exemptions Monmouth County, NJ

This is income tax filing season. For divorced and separated parents, the question of who can take the dependency exemptions often arises. According to IRS rules, only one taxpayer may claim a dependency exemption for a child for a tax year.

The general rule is that a child is the qualifying child of the “custodial” parent, who in New Jersey is now referred to as the parent of primary residence (“PPR”). In other words, the parent who cares for the child and has the child over 50{46ef70f40fe9c57c59cc2f14f21b7816c850dc7a4b15fa03188a00f244ceee34} of the time is entitled to claim a child as a dependent on his or her tax return as a matter of right. However, many parents today have equal shared parenting time. So the issue of who takes the child as an exemption clearly needs to be agreed upon by the parents. This should be the subject of negotiations between divorced parents, and between separated parents who will not be filing joint income tax returns. Often, as long as the parent of alternate residence (“PAR”) is paying child support, the exemption is split between children, or if there is only one child, alternated year to year.

There are situations in which one parent is in a tax bracket ( high or low) that the exemption may not make a significant difference. In that case, the parent who gets a significant savings may want to have the exemption.

In the event the custodial parent does allow the other parent to claim a child, two conditions must be met:

The PPR parent signs IRS Form 8832, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a substantially similar statement, and

the noncustodial parent attaches the Form 8332 or the statement to his or her return.
I can assist you, along with your accountant, in negotiating the best and fairest way to deal with this issue.

Divorce Dependency Exemptions Monmouth County, NJ