NJSBA Family Law Section

 View Only
  • 1.  Pleadings Retrieval

    Posted 01-12-2015 08:51 AM

    I am dealing with a psychological parent case in which the biological mother has not been in the child's life since he was 1 (he is now 5), yet after my client and the father broke up and she asserted a right to custody and parenting time, he has attempted to reintroduce the biological mother into the child's life because he, wrongly, believes that her presence precludes my client from having any rights.

     According to my client, when the child was 1, the biological mother and father engaged in FD litigation which included her seeking relocation but ended with him getting sole legal and physical custody.  I am thinking that it would be, potentially, beneficial to have the pleadings from these proceedings and, possibly, the transcripts.  

    Can someone tell me how to request and obtain pleadings from an old FD case?  The online system does not have chancery division records, as far as I could tell.

     Thanks in advance.

    ------------------------------
    David Cardamone Esq.
    Little Silver NJ
    (732)741-6769
    ------------------------------



  • 2.  RE: Pleadings Retrieval

    Posted 01-12-2015 09:13 AM
    Why is this a psychological parent case. She is the bio mom. It really sounds like a reunification case. And are you litigating under the existing FD docket? Sounds like you should be. The jacket is available to you - call the FD office and make time to go in and review ------------------------------ Debra Guston Esq. Glen Rock NJ (201)447-6660 ------------------------------


  • 3.  RE: Pleadings Retrieval

    Posted 01-12-2015 12:00 PM
    Many of the very old files are archived in Trenton, New Jersey
    Boxed and Indexed.
    Information can be requested from the county court in which the matter was filed.

    Catherine Ottilio Maggio, Esq.,
    201 816 1187




  • 4.  RE: Pleadings Retrieval

    Posted 01-12-2015 12:26 PM
    But probably only FM files are in Trenton and those would be very old.

    Gary L. Borger, Esquire
    [BM logo]

    1415 Marlton Pike (Route 70) East, Suite 305
    Cherry Hill, NJ 08034-2210
    Phone: (856) 424-3444
    Cell: (856) 308-6158
    Fax: (856) 424-3690
    E-mail: [email protected]<mailto:[email protected]>
    Website: www.njfamilylaw.net<http: www.njfamilylaw.net/="">

    P Consider the environment before printing this e-mail.




  • 5.  RE: Pleadings Retrieval

    Posted 01-12-2015 01:33 PM
    I personally traveled there many, many years ago, to research other civil cases and as I understood it, it is where all of the archived files were, depending on the original venue.

    Catherine