You are currently browsing the category archive for the ‘Custody’ category.

Jennifer Garner and Ben Affleck keep to themselves

With the marriage of Jennifer Garner and Ben Affleck heading to a divorce after a failed reconciliation, the two now have to decide out how to split up their fortunes as well as all of the issues surrounding their children. More likely than not, as is the case in most celebrity divorces, Garner and Affleck will have their two attorneys attempt to iron out a settlement before taking it to Court.   However, if that does not work, they are much more likely to hire a private mediator or arbitrator to help settle the case. Much of this has to do with the fact that they do not want their private lives detailed in a public forum such as an open Court.  It is for this reason that so few celebrity divorces go to trial or are seen in the news.   Mediation is not only for celebrities.  The rest of the populace can also greatly benefit from mediation as opposed to litigation.  Some of the main reasons are time and expense, but there is also the idea that the parties ultimately get to decide their fate as opposed to a Judge who is bound by a set of laws and rules that very well may not be the best fit for a couple.  A more detailed list of benefits is on our firm’s mediation website here:  http://www.anewwaytodivorce.com/why-mediate.html 

If you have any questions about mediation, please call our firm at 908-879-9499, for a free consultation to see if mediation is a good fit for your needs.

Advertisements

Another celebrity divorce is in the news. This time Scarlett Johansson from her French husband, Romain Dauriac.  According to lawyers for Mr. Dauriac the parties were in the middle of private negotiations when Ms. Johansson filed the Complaint for Divorce.  If this is true, one might wonder why she filed the Complaint for Divorce.  An educated guess would be that the filing was to preserve jurisdiction of the matter in New York State given that both parties are seeking residential custody.  Mr. Dauriac is French and reports have indicated that he would like to move back to France with the parties’ daughter.  While he may be ultimately successful in that wish, by filing in New York Ms. Johansson at the very least through her filing has assured herself that an American court will be hearing the issue if settlement negotiations fall through.

Custody is not the only reason to file a Complaint for Divorce while settlement negotiations are ongoing. Issues of support and equitable distribution can also be affected by the timing of the filing of a Complaint for Divorce.  If you or someone you know has questions about divorce, please contact one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through the process.

http://people.com/movies/scarlett-johansson-divorce-filing-not-hostile-act/

bloggggParental alienation has become a very hot topic in recent years. Wikipedia describes it as “ …the process, and the result, of the psychological manipulation of a child into showing unwarranted fear, disrespect, or hostility towards a parent or other family member.”  It is further described as occurring “  almost exclusively in association with family separation or divorce…”  One of the first times parental alienation was brought to public attention was during Alec Baldwin and Kim Basinger’s acrimonious divorce.  Mr. Baldwin, in and out of Court proceedings, accused Ms. Basinger of “brainwashing” their daughter Ireland and restricting his time with her.  Ms. Basinger, on the other hand, accused Mr. Baldwin of being unstable and aggressive.  Unfortunately, there are so many layers to parental alienation that it is extraordinarily difficult for the Courts to know how to manage this issue.  Frequently the children are teenagers and if the damage has been done a simple change of custody will rather than resolve the matter will make things worse.  If you are in a situation where you believe your children are being alienated from you, or if you believe you are being unfairly accused of alienation when it is the other parent’s own behavior that is disrupting the relationship between parent and child, call one of our experienced family law attorneys at IANDOLI & EDENS at (908) 879-9499 for guidance through this heartbreaking process.

A fascinating and painful news article came out of Great Britain today. A transgendered woman has been denied direct access to her children by the courts.  Although this article comes from Great Britain it highlights the same issues that American Courts struggle with – What is in the best interest of the children?  The answer is often not a straightforward one.  Parents often disagree with each other and are diametrically opposed to what is in their children’s best interest.  If the parents cannot agree then it is left to the courts to decide.  In the Great Britain case the family in question was a member of an ultra-Orthodox Jewish community.  The judge determined that no direct contact was in the best interest of the children out of concern that if there was contact the children would be ostracized in their community.  This case is clearly an extreme case. However, custody disputes often arise in divorces.  Custody disputes require not only skill on the part of the attorneys, but sensitivity.  Our office has experience in addressing these types of matters.  If you have questions about child custody please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.

https://www.theguardian.com/society/2017/jan/30/transgender-woman-denied-direct-access-to-ultra-orthodox-jewish-children

 

 

 

 

Every day we read about the latest celebrity breakup. Brad Pitt and Angelina Jolie have been especially active in the headlines recently.  Their divorce is especially difficult and sensitive because they are parents to young children.  Children who most likely had no say in the divorce itself or the added attention that it has brought to their already famous family.  We were happy to read the headline this week that Brad and Angelina are going to put up a “united front” in their divorce and are agreeing to seal sensitive records relating to their children.  Children and their protection should always be the primary goal of all the adults involved in a divorce – from parents, to attorneys, to the Judge.  It does not matter who you are, be it a Hollywood celeb or an average Joe, at the end of the day you are a parent and that bond will continue. Part of a successful divorce is not just ending the marriage, but building a plan for the future. If you have questions about the divorce process please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.

http://www.eonline.com/news/821109/brad-pitt-and-angelina-jolie-put-on-a-united-front-amid-divorce

 

 

 

new-year-resolutionLike most New Year’s Resolutions accomplishing the goal of getting a divorce is challenging. Both emotionally and financially.  Much like losing weight successfully a successful divorce is not accomplished overnight but through careful planning and attention to detail.   While moving forward with a divorce may be the ultimate goal many people have no idea where to start.  For example:  Does your spouse have any idea this is your New Year’s Resolution?  If not, how do you break the news?  If you have children, do you have a plan as to who will have custody?  Do you have a list of all of your assets?  Equally important, do you have a list of all of your debts?  Have you considered how you are going to reach your goal?  Through mediation or litigation?  These questions are just the beginning.  If you have questions about the divorce process please contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499.

Are you prepared for the upcoming holidays? Who is hosting Thanksgiving this year? Who is making the turkey?  Who is making the pies?  Who is picking up grandma?  And where will the children be?

Yes, you read correctly. Where will the children be?  The holidays are stressful enough for intact families, but there is an additional stress for families of divorce.  Who will the children be with for Thanksgiving?  Who will the children be with for Hanukkah?  Who will the children be with for Christmas?   Where will the children be for any given holiday?  And for that matter, what is a holiday?

The answer is different for every family. Typically, parties who are already divorced have a detailed holiday schedule contained in their settlement agreement. The holiday schedule can be as detailed as the parties want and address any holiday the parties want.  For many people being able to take their children Trick or Treating on Halloween is just as important as eating pumpkin pie with them on Thanksgiving.  For divorced or separated families a detailed holiday schedule is essential to enjoying the season. The holidays are about spending time with friends and family; not about fighting over spending time with friends and family.

Unfortunately, some settlement agreements do not adequately address the holidays. Or perhaps the parties are newly separated and have not reached an agreement yet.  If you do not know where your children are supposed to be for the holidays contact one of our experienced attorneys at IANDOLI & EDENS (908) 879-9499 and we will help you come up with a plan that works for your family.

As most of the world is aware, Madonna and Guy Ritchie are involved in a custody battle over their fifteen year old son, Rocco. As family lawyers, these kinds of disputes are some of the most heartbreaking.  The question for the Judge is how much weight to place on a child’s stated preference.  Obviously this is only applicable to older children, typically teenagers.  This poses the conundrum of why the child might be choosing one parent over the other.   Did Dad buy him or her an expensive sports car?  Are the rules at Mom’s much less rigid and therefore allow a teenager to spend free time on activities that may or may not be appropriate for them?   In N.J. the Courts look very carefully at the reasoning behind the child’s words.  NJRC %:8-1 gives a Judge the authority to interview a child “in camera”, meaning in the Judge’s private office.  The attorneys for the respective parents are allowed to submit questions to the Judge that they request be asked of the child.  The wording of these questions can have a substantial impact on the information the Judge takes away from the interview.

If you or someone you know becomes involved in this type of situation, call one of the experienced lawyers at IANDOLI & EDENS- 908 879 9499 for a fee consultation today.

When going through a divorce or separation there are a multitude of sources to turn to for information.  Most of us turn to our friends and family.  After all, they are the core of our belief and trust.  Unfortunately, although they certainly have your best interest in their hearts, the information they may have may be skewed by horror stories of people they know, and perhaps more importantly their love for you and your children, and often your spouse.

The internet may be another source, but again, it is often the awfulness of the stories that hit the social media, with the true facts often obscured by sensationalism.

To learn what the law is in your state, and to hear what the options are in your situation, it is best to talk to an impartial Family Law attorney.  At Iandoli & Edens, we offer free consultations, where you can gather the information you need.  Knowing your rights can give you the power and decision-making knowledge for your individual situation.

To learn more, give IANDOLI & EDENS a call at 908-879-9499 and schedule your free consultation today.   You can also visit us on the web at www.iandoliedens.com.