Jim's Articles

Premium legal support in New Jersey from John Sandy Ferner

Professional law support NJ, USA from 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 more information at John Sandy Ferner in New Jersey.

Legal advice of the day by 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.

Surgical errors are procedural errors that cause injury or death before the surgery has even taken place. While there are many types of errors that can occur all have devastating impacts. If you have been a victim of a surgical error you have the right to recover compensation. Learn more about how we can help you today! Spinal cord injuries can have catastrophic, often permanent repercussions. Our firm understands the devastating impact these types of injuries can have on you and your family and are dedicated to working hard to recover the compensation you deserve. Learn more about injury law and how our team can help you by reading our spinal cord injury page.

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.

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.