NJSBA Family Law Section

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  • 1.  FN and FM Running Simultaneously

    Posted 06-17-2016 09:15 AM

    Quick Question:

    I have a case where the parties want to settle their matter (all issues of ED, Alimony, and Support) but there is a concurrent FN running re. custody/visitation.  

    How could I draft a settlement agreement for the FM but carve out the custody/parenting time issues to be deal with for the FN?  If I omit custody and parenting time, wouldn't one argue that this is not a "complete" agreement?  If I do address custody and parenting time, would this go against the FN process.  Would the parties be able to get divorced while the FN matter is still open?

    Has anyone done this before?

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    Rachel Cotrino Esq.
    Jackson NJ
    (732)987-9966
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  • 2.  RE: FN and FM Running Simultaneously

    Posted 06-17-2016 10:45 AM
    Maybe you can file a motion to consolidate the two.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    www.mediate.com/rmetzger
    also serving Bucks, Lehigh and Northampton Counties PA

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  • 3.  RE: FN and FM Running Simultaneously

    Posted 06-17-2016 11:11 AM
    Unfortunately in my experience of 20 years doing FN cases every week - some weeks every day, an FN isn't able to be consolidated into an FM.  Usually we ask to meet with the judge and occasionally the same judge is amenable to handling both cases. That way at least the judge is fully aware of the issues in each......but I don't believe the FM custody/visitation issues can be resolved until the FN resolves.
     
    There is a special type of hearing following the FN in some cases, called a GM hearing (named after a NJ Supreme Court Case) where  -  if the child was removed from Mom and sent home with Dad, and now both parents are deemed "fit and safe" to parent at the end of the FN, instead of returning the child automatically back to Mom there is a special custody hearing, with experts, to see what is in the child's best interests.
     
    Carol A. Weil, RN, JD
    Attorney at Law
    1405 Chews Landing Rd., Ste. 8
    Laurel Springs, NJ 08021
    (856) 352-0050
    Fax: (856) 352-0276
     
     



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