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Plenary Hearing in in New Jersey Modification of Custody Cases and Evidence to Be Submitted

Oct 2, 2016 @ 09:15 AM — by Michael Green

Plenary Hearing in in New Jersey Modification of Custody Cases and Evidence to Be Submitted.  Frequently, when a modification of custody is at issue in the New Jersey Family Courts, the Courts may order a plenary hearing, a mini-trial, in response to a motion for a modification of custody.  If one party is seeking to obtain parent of primary residence or NJ PPR, the Court may look towards the status quo during the relationship as to how the children were cared for by the parties.  At the plenary hearing, parties will have to submit evidence, testimony by the parties, witnesses and other evidence such as texts, emails between the parties and evidence of day care facilities, parenting time schedules suggested going forward and the types of school systems available where the parties live.  The time the parties work is important and is relevant as to daycare or care by the parties family members, such as retired parents, and right of first refusal may be at issue.  Right of first refusal is where a party can demand that they take care of the child when the other party is unavailable to take care of the child, rather than they be in the care of someone else such as a daycare center or babysitter, or even another family member.  At the plenary hearing, all of these issues may be addressed by the parties giving testimony and referencing the various evidence that may have to be submitted.  When a best interest analysis or risk assessment is part of what is considered by the Court, it may be necessary to have the expert testify as to these issues as well.  If you have a modification of custody motion you wish to file or if a plenary hearing has been ordered by the NJ Family Court Judge in your custody case, call us at Green & Associates so we can help you evaluate your custody issues at 732-390-0480 or 201-242-1119 for a free consultation in our East Brunswick or Fort Lee offices.  

 

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