Legal support in New Jersey from Sandy Ferner today? The process of mediation and selecting the right mediator or selecting the right mediator in the process of mediation is critical. The mediator needs to listen to both partners, realize the both parties have most likely some emotional issues when it comes to their children and the other side, and really get to the root of the problem. Unless the parties can be assured that the mediator and the other side are listening to their concerns, you won’t be able to get to the next level of resolving the issues. In many cases where the conflict is high, you have to start slower, and you work on a month at a time. You work on calendars of who’s going to spend what time with the children, again, always focusing on what’s best for the children considering their age, considering their activities, their school, their social engagements. Once the parties are comfortable with their mediator and know that the mediator and the other side are listening to their concerns, it’s much easier to get to the next step of actually coming up with a schedule for parenting time. Discover even more information at John Sandy Ferner.
Law tip today by John Sandy Ferner : Recently a person reached out to us and wanted to know, “How do I file for child support if my spouse or other parent of my child lives in another state?” If you are the parent that the child is currently living with, you can file for child support in the state where you are currently living. If the other party lives out of state, then you will have to serve the other party with whatever application you are filing. There are different ways of filing the applications, but in certain circumstances the courts will assist you in having those papers served on the other party. If you have an attorney, you can also use them to help you with that service process. There are companies that are process serving companies and also sheriff’s officers that can assist with having those documents served on the other party, even if they’re out of state.
Property owners must ensure that their premises are safe for visitors and guests. Not only does this include eliminating slip and fall accident hazards, but this also includes every other part of the premises where people could pass through. Some of the most common causes of premises liability accidents include accidental poisonings, defective displays, faulty stairs, elevators, or escalators, and more. Product manufacturers, companies, distributors, and third-party sellers have the duty to ensure that any product sold to consumers is safe. Unfortunately, there are times when defective products make it to the market. This can include products with defective designs, products damaged during the manufacturing process, and products that have misleading or inaccurate labels.
Non-Exempt Property Seizure – A judgment creditor has a right to have a ‘Writ of Execution’ issued, which will instruct a sheriff to seize and sell any non-exempt property. This may include rental homes, vacation homes, boats and other types of personal property. Even if you do not have any property that the sheriff is allowed to take, you may still be visited by the sheriff if a Writ of Execution is issued. The sheriff will usually send you notice before they visit your home. Receivership – This is a creditor’s harshest collection tool. In my opinion, this tool is not utilized as often for credit card lawsuits due to the costs involved compared to the possibility of recovering money. When a creditor gets a person called a ‘Receiver’ appointed by the court, that person has the power to collect property and funds of the judgment debtor (he steps in the judgment debtor’s financial shoes) and liquidates that property to pay the creditor.
Why You Need a Lawyer? In New Jersey, child custody matters are complex. Complex cases require an attorney. It is virtually impossible for a person to represent themselves through the court system in a true custody case. If we’re talking about just negotiating a couple of days of parenting time here or there, people represent themselves all the time; but if it’s a true custody case, and there’s the welfare of the child at stake, there are going to be experts involved. They could be court-appointed experts or they could be experts who you individually retain. Our courts are guided by a statute that has a lot of factors, which deal with custody and parenting time, and those factors are very case-specific and they need to be addressed – the provable facts, along with our experts to those factors – and then presented to a court. If you’re going to have a true custody case, you definitely want to be represented by an experienced attorney who has tried and dealt with custody cases.
Several monumental decisions have come down in the New Jersey Supreme Court, regarding defendants’ Miranda rights. These court cases have brought into question whether or not law enforcement officers can lie and or use trickery to obtain a confession. However, this could result in a false confession and can lead to them being falsely accused or wrongly incarcerated, as well as having said confession used against them in court. This is a violation of defendants’ Miranda rights. NJ Supreme Court Justice Albin has concurred and dissented on cases to protect defendants’ Miranda rights. It is obvious that he does not believe in the use of trickery and lies by detectives to acquire a confession. Before retiring, he has demonstrated his principles and opinions in his last few cases.