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  • 1.  Lawyer for Appeal

    Posted 02-04-2015 06:06 PM

    I am looking for an experienced lawyer to whom I can refer an appeal. I represented dad/Plaintiff in FD hearing for an initial ruling on custody and parenting time. (Dad is of excellent character, military reservist, gainfully employed, etc.... couldn't ask for a better client!) Mom is SAHM, collecting welfare and child support. Dad was seeking 50/50 custody with exactly equal overnights. Mom allowed consistent visitation until she filed for child support, then withheld the child until support was ordered. Then, Mom essentially cut off all contact last month, not allowing dad to see the child until it was "court ordered." We appeared this week and judge ordered 2 nights of 3 hour visitation and 11 hours of visitation on 1 weekend day per week.Child is 6 months of age and NOT breastfeeding. Overnights will not begin until the child has already turned 1. There are several phases gradually leading to overnights but again, no overnights until after the child has turned 1. The child is not breastfeeding and has no special needs. The judge found it more appropriate for the child to stay with mom since dad is working all day. Judge seemed to emphasize with the mom, stating how hard it is going to be to let the child go with dad , and she knows mom won't sleep at all once overnights start.

    I'm outraged. My guy gets breadcrumbs of visitation because he is gainfully employed and no overnights just because judge doesn't think the child is ready for them. I feel this decision is antiquated and biased. 

    I think a motion for reconsideration will fail to persuade this judge to change her mind. I really want my client to appeal. There is just too much disparity between what is ordered in each county and what is ordered by different judges in the same custody. How can I hear on a Monday that "Well, dad is working, so he should probably just have visitation now since mom is home all day and night." and yet on Tuesday another judge says "neither party has a great right to time with this child than the other. Being employed or working long hours doesn't mean you can't be a good parent." 

    Who handles Appellate matters and can help? I need referrals. 

    THANKS for letting me vent & PLEASE inbox me referrals privately by email ([email protected]) so as to not clutter the feed.

    ------------------------------
    Kristin Lis Esq.
    Folsom NJ
    (609)254-9461
    ------------------------------



  • 2.  RE: Lawyer for Appeal

    Posted 02-04-2015 06:12 PM
    I would love to help. I was counsel for the "Jacoby" Appeal - a 2012
    reported Decision 732 80 NJ LAW (732.806.5529, www.AllanWeinbergEsq.com
    [email protected]


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    On Wed, Feb 4, 2015 at 6:06 PM, Kristin Lis via New Jersey State Bar


    Original Message


  • 3.  RE: Lawyer for Appeal

    Posted 02-04-2015 06:13 PM
    I have used Jane Herchenroder in Somerville at (908) 231-9222 for several appeals and she is very good. I believe that appeals are mainly all she does. Good luck.



    Kathy Wagner


    _____________________

    Katherine K. Wagner, Esq.
    62 Grove Street, Suite B
    Somerville, NJ 08876
    T (908) 526-0099
    F (908) 429-4141
    www.wagner-law.com

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  • 4.  RE: Lawyer for Appeal

    Posted 02-04-2015 06:48 PM


    On this list, just off the top of my head, there's me ( App Div cv, courtesy of Google Scholar: https://scholar.google.com/scholar?hl=en&as_sdt=4,31&q=%22David+Perry+Davis%22&scisbd=2 ), Brian Paul, Hanan Isaacs, Clara Licata.  I'm sure there's more - apologies to any I'm not including there.

    What you're describing sounds like an outrageous call, especially if the guy previously had overnights with the infant.  It also sounds like a highly discretionary call with the judge, and like a reversal would be tough to obtain.  Obviously, no one can say without reviewing the entire record.  If no plenary was held with experts testifying, that may be your strongest Appellate Division argument rather than attacking a discretionary decision outright.  Again, can't say without seeing the record.

    If you're going to attempt a reconsideration motion (remember, applying for reconsideration tolls the time for appeal, but it doesn't start the clock over once the motion is decided), make sure you are seeking a plenary hearing, and see if you can "save" it to some degree by at least getting a ruling that leaves the door wide open for him to come back when the child is older.

    Also, I often suggest noncustodial parents get in touch with a support group.  As irked as you sound, your client is probably far more upset, and it helps to be part of a group who've "been there" (they don't bill themselves as therapists, but that's often the effect) - http://www.facenj.org 

    ------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
     http://www.FamilyLawNJ.pro 
    ------------------------------



  • 5.  RE: Lawyer for Appeal

    Posted 02-04-2015 06:46 PM
    Our office in hackettstown does. Did you request stay pending appeal and or
    transcript of determination or did judge provide written findings? You can
    reach us as needed. Best bonita
    On Feb 4, 2015 6:06 PM, "Kristin Lis via New Jersey State Bar Association" <
    [email protected]> wrote:

    > [image: New Jersey State Bar Association]
    > <http: community.njsba.com/familylawsection=""> Family Law
    > <http: community.njsba.com/viewdiscussions/digestviewer/?groupid="1291"> Post
    > New Message Online
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    > New Message via Email <[email protected]> Lawyer
    > for Appeal
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    > All Online
    > <http: community.njsba.com/communities/all-discussions/postreply/?mid="19285&GroupId=1291"> Reply
    > All Email
    > <njsba_familylaw_b4b7703a-691e-4bbd-ba08-c2f3a134432a@connectedcommunity.org?subject=re:+lawyer+for+appeal> [image:
    > Kristin Lis]
    > <http: community.njsba.com/network/members/profile/?userkey="e902f541-d56b-4287-bc23-4addedb5258f"> Feb
    > 4, 2015 6:06 PM Kristin Lis
    > <http: community.njsba.com/network/members/profile/?userkey="e902f541-d56b-4287-bc23-4addedb5258f">
    >
    > I am looking for an experienced lawyer to whom I can refer an appeal. I
    > represented dad/Plaintiff in FD hearing for an initial ruling on custody
    > and parenting time. (Dad is of excellent character, military reservist,
    > gainfully employed, etc.... couldn't ask for a better client!) Mom is SAHM,
    > collecting welfare and child support. Dad was seeking 50/50 custody with
    > exactly equal overnights. Mom allowed consistent visitation until she filed
    > for child support, then withheld the child until support was ordered. Then,
    > Mom essentially cut off all contact last month, not allowing dad to see the
    > child until it was "court ordered." We appeared this week and judge ordered
    > 2 nights of 3 hour visitation and 11 hours of visitation on 1 weekend day
    > per week.Child is 6 months of age and NOT breastfeeding. Overnights will
    > not begin until the child has already turned 1. There are several phases
    > gradually leading to overnights but again, no overnights until after the
    > child has turned 1. The child is not breastfeeding and has no special
    > needs. The judge found it more appropriate for the child to stay with mom
    > since dad is working all day. Judge seemed to emphasize with the mom,
    > stating how hard it is going to be to let the child go with dad , and she
    > knows mom won't sleep at all once overnights start.
    >
    > I'm outraged. My guy gets breadcrumbs of visitation because he is
    > gainfully employed and no overnights just because judge doesn't think the
    > child is ready for them. I feel this decision is antiquated and biased.
    >
    > I think a motion for reconsideration will fail to persuade this judge to
    > change her mind. I really want my client to appeal. There is just too much
    > disparity between what is ordered in each county and what is ordered by
    > different judges in the same custody. How can I hear on a Monday that
    > "Well, dad is working, so he should probably just have visitation now since
    > mom is home all day and night." and yet on Tuesday another judge says
    > "neither party has a great right to time with this child than the other.
    > Being employed or working long hours doesn't mean you can't be a good
    > parent."
    >
    > Who handles Appellate matters and can help? I need referrals.
    >
    > THANKS for letting me vent & PLEASE inbox me referrals privately by email (
    > [email protected]) so as to not clutter the feed.
    >
    > ------------------------------
    > Kristin Lis Esq.
    > Folsom NJ
    > (609)254-9461
    > ------------------------------
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    Original Message


  • 6.  RE: Lawyer for Appeal

    Posted 02-08-2015 10:21 AM
    Happy to help. These issues are definitely in our wheelhouse.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
    ------------------------------


    Original Message


  • 7.  RE: Lawyer for Appeal

    Posted 02-08-2015 02:40 PM
    I'm interested in taking the appeal . Very troubling decision. My cell is 908-358-3023 work 732-855-6010

    Sent from my iPhone


    Original Message


  • 8.  RE: Lawyer for Appeal

    Posted 02-08-2015 03:24 PM
      |   view attached
    Outrageous.



    Another guy who specializes in appellate family cases is:



    BRIAN D. WINTERS ESQ.

    KEITH WINTERS & WENNING, ESQUIRES

    PO BOX 188

    MAIN & LAREINE AVENUE

    BRADLEY BEACH, NEW JERSEY 07720



    [email protected]



    732-774-1212





    Mark F. Saker, Esquire

    Attorney ID #271831971

    ______________________________







    Monmouth Executive Center

    100 Willow Brook Road, Suite 150

    Freehold, NJ, 07728



    Please reply to:

    819 Route 33

    Freehold, New Jersey 07728



    [email protected]

    Main: 732-414-0300

    Direct: 732-431-5000
    Fax: 732-462-0483

    W <http: www.lomurrolaw.com/=""> www.lomurrolaw.com



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  • 9.  RE: Lawyer for Appeal

    Posted 02-19-2015 05:03 PM
    Thank you Mark for mentioning me as someone who handles a lot of matrimonial appeals. I'm over 100 and counting.

    Brian Winters, Esq.
    Keith, Winters & Wenning, LLC
    Main St. & LaReine Ave
    Bradley Beach, N.J. 07720
    [email protected]
    732 774 1212 (w)
    732 500 5401 (c)


    Original Message