Reliable legal support in New Jersey by Sandy Ferner? In addition to parenting time, there can be some custody issues. Normally, people are going to have joint legal custody of their children, but that doesn’t mean that they each always have to agree on every single issue. Sometimes people can agree that both parents will have input and be notified of decisions and will be consulted and have the ability to discuss this; sometimes parents will agree that one parent will, for instance, make the end decision in what doctors to bring the child to, and maybe one parent will make the ultimate decision on what extra-curricular activities the child may participate in. In mediation, we can explore these one by one, issue by issue. When left to the courts and the parties litigate custody and parenting time, they tend to dig their heels in the sand a little bit more, and they tend to be less cooperative versus more cooperative with each other. Litigating sometimes brings out the worst in people, whereas I think mediating custody and parenting time issues really bring out the best in people because it needs to be reinforced that the goal is what is in the child’s best interest, not what is in each parent’s best interest, but what is in the child’s best interest. Read additional details at Sandy Ferner.
Law tip today by Sandy Ferner : At all steps of the way, in my cases, we tell our clients how they can save money by doing certain things themselves. We always tell all of our clients the more prepared you are, the better it is going to be for your case and the less money you’re going to have to spend on us to prepare your case. If you have any questions at all regarding keeping expenses down, how you can produce documents and gather documents without going through the legal process, please give us a call. That is always at the forefront of our thinking— how to approach a case efficiently and save our clients money while achieving the best result.
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A settlement is a voluntary agreement reached by the parties in the lawsuit. A settlement resolving a debt lawsuit usually addresses how much the Defendant has agreed to pay and what actions the Plaintiff will (or won’t) take as long as the payment(s) are timely made. For a long-term payment plan, the Plaintiff may require the Defendant to sign an ‘Agreed Judgment.’ An Agreed Judgment is basically the Defendant admitting that the money is owed and the Plaintiff promising not to collect on the judgment as long as the Defendant makes the agreed upon payments. Settlements can vary from very simple to very complicated. Legal counsel should be sought before signing a settlement agreement.
Presuming that there is no justifiable or reality-based reason why that parent cannot see the children – it’s not an abuse situation, there’s not a neglect situation, there’s nothing like that – just a refusal by one parent to allow the other parent to see the children and that refusal is unreasonable, then we need to rectify that quickly. We may need to get the court involved quickly and file an application to have immediate parenting time with the children. Whatever that schedule looks like, we would have to talk about it – if it’s overnights, if it’s 50/50, and what that means – and we’re going to have to get into court really fast to have a judge address this quickly. The last thing you want to do is let that go on or prolong that because then you get stuck in the situation of, “You let this go on for too long. You didn’t really want to see the kids, and now you’re coming back and you want to see them.”
State v. Laura Gonzalez (A-47-20) (085132): Justice Albin concurred in this decision. His concern in this case was the officer’s use of lies and trickery in order to get the defendant to admit to fracturing the baby’s limb during interrogation. Detective Reyes had told the defendant, Laura Gonzalez that there are surveillance cameras in the house and they captured when she hurt the child. Gonzalez was told by Detective Reyes is better off telling the truth about the baby’s injuries. This was not the truth as there were no cameras in the house and telling her that the truth will help her out. According to Justice Albin, the detective’s statements “contravene the Miranda warnings.” Additionally, Gonzalez asked “But now what do I do about an attorney?” and the detective replied that “That is your decision. I can’t give you an opinion about anything.” In another case State v. Reed, 133 N.J. 237, 253 (1993), “A suspect need not be articulate, clear or explicit in requesting counsel; any indication of a desire for counsel, however ambiguous, will trigger entitlement to counsel.” Even if Detectives Reyes was not sure whether or not Gonzalez wanted counsel, she should have asked her to clarify. Since Detective Reyes did not ask to clarify and she did not stop questioning Gonzalez, the apology letter that she wrote to her employers and her confession that she injured the baby were excluded as evidence at trial.