Law support in New Jersey from Sandy Ferner right now? 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 extra information about John Sandy Ferner.
Legal tip today by Sandy Ferner : Sometimes our discovery demands, which our client faces and has to produce, are voluminous. Sometimes there are thousands of pages and rather than pay us to copy those, go do it yourself. Go to a Staples or go to a Kinko’s, if they even have Kinko’s. Bring your copies, do your homework. When we ask you to fill out things like a case information statement and bring tax returns and give me statements, get those on your own. It costs money to subpoena documents. It cost money to ask for documents through discovery in the other side. The less paperwork we can do to get the paperwork – if that makes any sense – the better it is for you.
Vehicle accidents occur at alarming rates throughout the state of New Jersey. Unfortunately, these incidents can occur between multiple vehicles as well as incidents involving vehicles versus pedestrians, bicyclists, and motorcyclists. Accidents involving large commercial trucks can be devastating for those inside traditional passenger vehicles. Often, these incidents are caused by the careless or negligent actions of truck drivers or trucking companies. Our team strives to secure full compensation for our clients, and we are not afraid to stand up to well-funded trucking companies in the process.
Discovery is a formal request for information and documents during the lawsuit process. If the case is pending in a justice of the peace court, court approval must be given prior to either side beginning the discovery process. If the case is pending in a county court or a district court, court approval is not needed. Typically, but not always, discovery must be concluded thirty days before the case is set for trial. If the ‘Plaintiff’ (the person or company doing the suing) believes that they have all the proof they need to win the lawsuit (and there are no disputed facts), they can file a writing with the court asking for a judgment to be entered. This writing is called a motion for summary judgment. If the ‘Defendant’ (person being sued) believes that the Plaintiff is absolutely lacking some of the proof required to win the lawsuit, the defendant can file a writing asking that the case be dismissed. This writing is called a no-evidence motion for summary judgment.
If a grandparent is just becoming involved in a divorce matter with two parents that are involved and loving and caring, they don’t have an independent right to visitation and certainly doesn’t have an independent right to custody of the children. A grandparent’s access or ability to see their grandchildren is going to be when that parent, their son or their daughter, has their children. They don’t have any independent rights. There’s nothing more important than a relationship between children and their parents, and we try and protect that at all costs.
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.