How Is Paternity Determined in New Jersey?

If you’re in a functional romantic relationship and have kids together, no one even thinks about testing or proving paternity. There is no need; the family unit is the family unite.  However, if a mother’s unmarried and has a child with someone who refuses to pay child support; or a husband thinks his wife’s child isn’t his; then that is an entirely different kettle of fish.  This is a significant and challenging issue that can affect family members for decades, perhaps for life.

What is Paternity?

Paternity is a legal determination that Man X is Child Y’s actual biological parent. It’s almost universally assumed the mother is, in fact, the child’s mother.  However, a man’s paternity may not be established upon the child’s birth.  A man may challenge paternity under certain circumstances.  Legal status comes with the rights and responsibilities of parenthood, including the right to:

• Custody and/or parenting time
• Parental obligations for child support

Having paternity proved compels you to support your child — and children are usually better off with both parents in their lives. You may fear or dread parenthood, but you should be open to what you could bring to your child’s life and what they could bring to yours.

How to Establish Paternity?

If both parents are married when the child’s born, it’s assumed the husband is the father. Paternity must be established to create a legal relationship between an unmarried father and child. It’s the first step toward paying child support and for the father to get child custody or parenting time. Other important issues include:

• Obtaining health insurance, if it’s available, through a father’s employer
• Protecting a child’s ability to collect benefits, assets, and/or property if the father dies, such as veteran’s or Social Security benefits, or if the father dies without a Will
• Creating a link to the child’s past
• Knowing the father’s name, family, and medical history

If a man agrees he’s the father, he can sign a Certificate of Parentage (COP) to document his voluntary acknowledgment. This can be done as early as in the hospital after the child’s born. Teenage boys, not just adult men, can establish paternity without a parent’s or legal guardian’s consent.

How Would a Court Order a DNA Test?

An interested party (mother, the presumed father, a potential biological father, or the child) can file an action for paternity. If the party wants to challenge the legal presumption of parentage (that the mother’s husband is the father), they must provide the court with clear and convincing evidence of an alternate basis for parentage. The court will order a DNA test depending on the claim’s timing and other facts.

When can genetic testing be done?

• If the alleged father disagrees, the mother can start the process
• If a man believes he’s the father, but the mother denies it, he can go to court for an order
• If a minor accuses someone of being their father, they can ask a court to order a test
• A court or county child welfare office may also order a test

The test requires a small saliva sample. If the test score is 95 percent or above, then the man is legally presumed to be the father. The court will issue a Judgment of Paternity based on test results and other evidence.

Is There a Deadline to Establish Paternity?

New Jersey’s Parentage Act governs this process. It generally requires that a legal action to establish paternity be filed within five years after the child reaches 18, so the statute of limitations is 23 years from the birth date of the child.

Kingston Law Group: Get the Help You Need from Attorneys You Can Trust

If you have any questions about establishing or defeating paternity, child support, or custody and parenting time, then call the Central Jersey law offices of the Kingston Law Group at 609-683-7400, or contact us online for a near-term reduced fee initial consultation. We will listen to your facts, explain the law, and advise you how to reach your social and legal goals. We will present optimal choices to protect your legal rights and interests and those of your actual child(ren). Call or write us today. You will be glad you did.

Accommodating Your Religious Beliefs on the NJ Job: How Does it Work?

The courts giveth and taketh away when it comes to employers reasonably accommodating your constitutional rights to freely exercise religious beliefs and practices. While there are broad protections “on paper”, nonetheless, as a practical matter and depending on the circumstances, an employer may be able to show they’ve done all they’re required to do under the law.

Your employer’s obligation to reasonably accommodate comes from state and federal constitutional and statutory laws. These laws provide an employer’s failure to reasonably accommodate your religious beliefs or practices is a form of unlawful discrimination. But they need not provide accommodations if doing so would result in an undue hardship for them.

A Postal Worker Wants to Observe the Sabbath

The case of Gerald Goff involves federal law against job discrimination, Title VII of the Civil Rights Act of 1964. Goff is a Christian who believes he’s obligated not to work on Sundays because he needs to attend religious services and rest. This conflicted with his “as needed” schedule when he worked at the US Post Office (USPS).

Groff worked as a Rural Carrier Associate (RCA) in Pennsylvania and was considered a “non-career” employee who covered for absent “career” employees. Since they work “as needed,” the USPS wants RCAs to be flexible with their work schedules.

Groff took the job in 2012. The following year the USPS signed an agreement with Amazon to deliver packages on Sundays. Groff initially worked at a busy USPS facility that would’ve required Sunday work, so he transferred to a smaller one that allowed him not to work that day if he worked another. Eventually, the workload increased because of Amazon packages, and Groff’s desire to avoid Sunday work became more of an issue.

Groff’s boss, the Postmaster, offered to change his schedule so he could attend religious services in the morning and report to work later, an accommodation provided to others. Later, the Postmaster asked others to cover Groff’s Sunday shifts. In 2017, another RCA took the shift but couldn’t do so after an injury.

For 2018’s peak season, the Postmaster tried to find coverage for Groff’s Sunday shifts, which he stated wasn’t easy, was time-consuming, and added to his workload. The Postmaster, at times, covered his shift. Groff’s no-shows on Sundays created tension with other RCAs and unhappiness with management because they needed to pick up the slack.

In July, the Postmaster was instructed to no longer over-schedule others to accommodate Groff. Groff received progressive discipline because of his absences and resigned in January 2019. He filed internal discrimination complaints. They resulted in a finding Groff made a case for discrimination, but because accommodating him was causing an undue hardship, no illegal discrimination occurred.

Groff filed a lawsuit in federal court, citing Title VII, claiming the USPS illegally discriminated against him by failing to reasonably accommodate his religion and forcing him to quit. The trial court dismissed Groff’s cases, and he appealed the decision to the US Court of Appeals for the Third Circuit. The court agreed the case should be dismissed, but for different reasons.

The USPS Didn’t Rabout:blankeasonably Accommodate Groff…

The Third Circuit found that the shift swaps USPS offered to Groff didn’t eliminate the conflict between his religious practices and his work obligations, so USPS didn’t reasonably accommodate him. The court stated to be reasonable, the accommodation must fully address the employer’s needs. It’s not enough to give a little and force the worker to compromise their beliefs.

…But Management Didn’t Have to Because It Would’ve Been Too Much of a Burden on Their Operations

But the court ruled what Groff wanted (never working on Sundays) would cause undue hardship for USPS. They state the impact on fellow workers and operations would be enough to create an undue hardship. When deciding whether a hardship is undue, the court stated:

• Neutral policies must change to ensure their application doesn’t cause problems for the person. They must “give way to” religious practice, but with limits
• An undue hardship must cause more the minimal problems for the employer, but generally, this defense isn’t difficult to establish
• Economic and non-economic costs must be considered
• The facts of each case must be considered and be the basis of the ruling

Examples of undue hardships include negative impacts on operations such as:

• Productivity
• Quality
• Personnel and overtime costs
• Increased workload on others
• Reduced employee morale

In Groff’s case, the court stated when the USPS tried to accommodate him, they:

• Imposed greater burdens on his coworkers
• Disrupted the workplace and workflow
• Diminished employee morale
• Created a tense atmosphere with other RCAs

In the court’s opinion, these consequences created an undue hardship on USPS operations.

What’s All This Mean?

In the end, the Third Circuit:

• Giveth to workers by making it harder for employers to claim their proposed accommodation is reasonable (it must end the conflict between the employee’s beliefs and the company)
• Taketh from workers by dismissing a case where the workplace wasn’t heavily disrupted or impacted by Groff not working Sundays, though it did cause problems

Religious accommodation cases involve those two steps. Getting over the first hurdle won’t do you any good if you can’t make it over the second.

What Kingston Law Group Can Do for You!

The Kingston Law Group helps those subjected to religious discrimination in the workplace. We can answer your questions about the law, help you file a complaint with management, negotiate a favorable agreement allowing you to leave your employer, or represent you in litigation.

Contact Kingston Law Group through email (hisaacs@kingstonlawgroup.com) or call us at 609-683-7400. We will schedule a near-term reduced fee initial consultation. We can speak with you on the phone, through a Zoom call, or in person — if you’re vaccinated against Covid-19. We accept credit card payments, and our appointments are from 9 a.m. to 5:30 p.m., Monday to Friday. We can schedule evening appointments during the workweek by special arrangement only.

Contact us today. You’ll be glad you did.

NJ Divorce and Estate Planning – Perfect Together

 Divorce, death, and disability are things most folks don’t want to speak or thing about. When we jump out of bed in the morning, we are energized to tackle things other than these issues. Yet most of us want order and predictability in our lives — and that’s what divorce coupled with estate, financial, and end-of-life planning give us.

A divorce ends a marriage that is no longer viable, freeing the parties to regain more control over their future lives. Many of us will suffer a disability during our lifetime, and no one escapes death. Through estate, financial, and end-of-life planning, we also gain control over how our assets are treated when we become disabled and what happens to our property and our loved ones when we step off this mortal coil.

Estate Planning Before or During Your Divorce

Through a Last Will, you can name whomever you want to get your assets after you die (your beneficiaries). Legal title to those assets goes to your Estate after your death. You can nominate an Executor (male) or Executrix (female) to be responsible for your Estate’s administration. When approved by the Probate Court, they become your personal representative. Without a Will, your assets go to your next of kin (if you’re married, that would be your spouse or your children).

Before your divorce, your Will could name someone other than your spouse to be responsible for your Estate if you so direct. Yet under New Jersey law, you can’t disinherit a spouse unless you are already divorced at the time of your death. Your surviving but not-yet-divorced spouse would be entitled to a third of your “augmented Estate” regardless of your Will’s contents to the contrary. An augmented Estate is, generally, the value of your Estate, less funeral costs, administration expenses, and any bills or debts your Estate must pay.

Your spouse wouldn’t be entitled to this elective share if, at the time of your death, you and your spouse are living apart in separate homes or you and your surviving spouse stopped living together as a married couple, according to a New Jersey statute.

 

Estate planning is more than just Wills. You can also create documents called Powers of Attorney, Living Trusts, and Living Wills. They allow others to make important decisions for you if you’re unwilling or unable to make them yourself. These documents typically cover medical and financial issues if you’re incapacitated. If you no longer want your spouse to make these choices for you, then you can name someone else in these documents.

Estate Planning After Your Divorce

If you live with your spouse, create a Will disinheriting them, and then pass away, the law constructively inserts into your Will that they will get a third of your estate. After your divorce, if your Will lists your spouse as a beneficiary, the law constructively erases them from the document.

A divorce decree automatically revokes your ex-spouse’s rights to the Estate. If your Will leaves assets to your spouse and or nominates them to be in charge of your estate, and you didn’t change the Will after your divorce – even if you should have done so – then the legal eraser goes into action once again. Your ex-spouse won’t inherit any of your property or serve as Executor/Executrix of your estate, voiding those parts of your Will. An exception to this rule would be if, as part of the Settlement Agreement and the Court’s Order finalizing your divorce, they remain a beneficiary in your Will, or you decide to republish your Will post-divorce.  In either case, your former spouse may – with your consent – inherit property from you, the divorce judgment notwithstanding.

A major issue we recently confronted is what happens when an employee names his/her spouse as a 401k beneficiary in 2010 and the parties divorce in 2022, agreeing to split the 401k proceeds under a Settlement Agreement incorporated into a Final Judgment of Divorce?  Our client died post-divorce but pre-distribution of the 401k.  His ex-wife received her ½ share of the fund, and then received his ½ share as well from the 401k Administration, because he had not changed his beneficiary designation!!  We had to litigate the issue in the Family Court to claw back the Estate’s share of the 401k proceeds.  We created an enforceable settlement between the client’s Estate and his ex-wife.  She did better than the Estate in the transaction, but the Estate was able to recover significant funds.  The takeaway:  immediately upon divorce, change your Will, Power of Attorney, Living Trust, Living Will (for end-of-life decisions), and 401k (and any equivalent) beneficiary designations.  Things could get very messy and expensive for either party’s Estate and the surviving spouse if you don’t.

As part of the divorce Settlement Agreement, the two of you may agree on how to support your children if you unexpectedly pass away. You can also mandate life insurance from each party to the child or children. Your children could be named as beneficiaries if they’re mature enough, aren’t so disabled they’re incompetent to handle money, or suffer from substance abuse.  If you fear unfettered access to money will just feed their addiction, then you may, during your lifetime, create a Trust in which the Trustee (potentially your ex) disburses funds or buys things your kids need – and do so under language setting the standards for distribution, timing, duration of the Trust, who takes upon the Trust’s demise, etc., including provisions for back-up Trustees as needed.

Creating a Living Will also is a great idea. If you become incapacitated, medical decisions are usually made by your next of kin. They may be your parents or your children (if you have them and they’re old enough). If you fear they may disagree on what should be done in a medical emergency, you may decide to name one individual.  You have to sit down with the Living Will Surrogate Decision-Maker and explain what you want done if  you are in a coma and can’t participate meaningfully (or at all) in your healthcare management, up to and including life-and-death decisions.

You’ll still get bills, have debts, and need to pay your rent or mortgage while physically or mentally unable to pay them. If you’re married, your spouse would typically pay these bills. After your divorce, through a financial Power of Attorney, you can name a trusted agent who has the power to access your assets and pay your obligations. After you recover, you won’t have to worry about your electricity being shut off or getting evicted for non-payment of rent.

You may revoke a Living Will or Power of Attorney designations, choosing another agent if that is your wish.

Kingston Law Group: Get the Help You Need from the Lawyers You Trust

If you have any questions about divorce and the legal and financial protections related to it, call the Central Jersey law offices of the Kingston Law Group at 609-683-7400, or contact us online for a near-term reduced fee initial consultation. We will listen to your facts, explain how the law applies to you, and strategize to obtain the best outcomes. We will make referrals to specialists in the fields of Estate Planning, Elderlaw, Financial Planning, and all related fields.  We will present you with optimal choices to protect your legal rights and interests and those of your child(ren). Call or write us today. You will be glad you did.

What is an NJ Open Adoption and How Does it Work?

 Traditional NJ adoptions meant the birth parents had no contact with a child after their parental rights ended. In open adoptions, there can be varying degrees of communications between the child and birth parents.  These are more common today than at any time in the past.  However, New Jersey courts will not presently enforce an agreement between the parties specifying an open adoption.

What is an Adoption?
Adoption is a legal process where all rights, duties, privileges, and relationships between the child and their birth parents end — and the adoptive parents become the child’s legal parents. This ancient process is governed by New Jersey statutes and court cases interpreting them. A finalized adoption creates the same legal relationship between the child and his/her adoptive parents that would exist if the child had been born to them.

What is an Open Adoption?

In an open adoption, one or both birth parents are permitted to have contact with the child after the adoption is legally complete. It can be as frequent and intimate as the adoptive parents permit. While they may choose to permit the contacts to continue indefinitely, the adoptive parents also have the power to stop the contacts. Any promises to the birth parents or agreements with them stating the adoption is open aren’t currently legally enforceable in our State.

Can Birth Parents Ask for Future Contact?

Adults born in New Jersey and adopted as children have a right to get uncertified and long-form copies of their original birth certificates from the New Jersey Department of Health, Office of Vital Statistics and Registry.

This records system allows birth parents to file a document stating their preference for future contact with a child surrendered for adoption. It can be for direct, indirect, or no contact. That preference can change at any time. Birth parents can state a preference, but there’s no legal way to force the adoptive parents or child to contact them in the future.

While adoptive parents have access to the child’s birth certificate from the start of the adoption process, adopted children can’t access it from the State until they reach 18.

What’s the NJ Legal Process of Adopting a Minor?

The adoption process has three parts:

1. Identify the child and their birth parents
2. The birth parent(s) surrender their rights to the child to an adoption agency or before the court, and the court terminates their rights
3. The legal process of joining the child with their new parents

An adoption agency:

• Is licensed by the State
• Prepares evaluations of potential adoptive parents’ homes
• Places children for adoption
• Performs home evaluations after an adoption

An adoption agency may carry both parties through the process, yet only an attorney may finalize the agency placement through the courts.

What is Private Placement Adoption?
A private placement adoption occurs if the birth and adoptive parents connect outside an agency. This may happen through friends, family, doctors, or clergy members. Both sets of parents may meet before or during the birth at a hospital. Attorneys help parents create a binding and private placement adoption.

What are the Pros and Cons of an Open Adoption?

The costs and benefits of an open adoption depend on the parties involved.

1.    Birth Parents

With open adoption, birth parents may choose who the adoptive parents will be, making them more comfortable with their choice of adoptive parents. The adoptive parents will be kept up-to-date on how the child is doing. Depending on the arrangements, the birth parents may get photos of the child and meet him or her.

Currently, agreements on what the adoptive parents will or won’t do for birth parents can’t be enforced in court, so birth parents must rely on adoptive parents’ goodwill. On the other hand, birth parents may not feel closure if there’s ongoing communication with the child.

2.    Adoptive Parents

Being chosen by birth parents may make adoptive parents more confident when they are raising their child. When you share with your child the fact they’re adopted and who the birth parents are, the child may feel better because there is no hidden or shameful secret involved in their birth and transfer. Adoptive parents should also know their child’s medical history and may learn about the birth parents’ and siblings’ health conditions if the adoption is left open.

There are some conundrums built in that the adoptive parents should consider and deal with.  Adoptive parents may feel excluded if the child and the birth parents make a strong connection. Unless boundaries are set and enforced with birth parents, there is a risk the birth parents may get the benefit of a continuing relationship with the birth child, yet none of the financial responsibilities. If you’re uncomfortable with what’s happening between your child and the birth parents and feel the need to end communications, it could harm your relationship with your child.  Of course, after age 18, the birth parents and the adopted child may create whatever relationship suits them.  At that point, the adoptive parents have no further say in the matter.

3.    Adopted Child

With open adoption, the child can learn the identities of their natural parents and not speculate what happened and why they were adopted. They may learn about siblings and extended family members. They may not feel as angry at their birth parents if they gave them up for adoption because it was in the child’s best interests.

The child may also feel torn between two families. If your child is racially and/or ethnically different than you, the child may feel a deeper divide. Your child may try to play one set of parents against the other if they think they will get what they want.

Learn More by Arranging a Consultation Today

If you have questions about adoption or want legal help with the process, arrange a consultation with a family law attorney at Kingston Law Group by emailing our office or calling us at 609-683-7400 toll-free. Our appointments are from 9 a.m. to 5:30 p.m., Monday to Friday, or at pre-arranged times during the evening. We accept all major credit cards.

Write or call us today.  You will be glad you did.

Can Emojis Lead to a Sexual Harassment Case?

 Emojis and emoticons are cartoon characters used in digital messages to show facts and express feelings or opinions. Depending on the context, they can be happy, angry, and possibly sexually suggestive. Can emojis be used to sexually harass you? With a broad and sick enough imagination, a harasser could do that, but whether it would be enough to base a lawsuit on depends on the circumstances.

What is Sexual Harassment?

Under state and federal statutes, it’s unlawful to harass a job applicant or employee because of their sex. This may include, according to the federal Equal Employment Opportunity Commission:

• Unwelcome sexual advances
• Requests for sex
• Physical or verbal harassment of a sexual nature or about a person’s sex

Harassment becomes illegal if it:

• Is so frequent or severe that it creates a hostile or offensive work environment, or
• Results in an adverse employment decision (being fired or demoted)

Under the law, illegal sexual harassment doesn’t include teasing, offhand comments, or isolated incidents that are not very serious. Often the defense to a sexual harassment claim is the alleged comments or statements weren’t made, or if they were, they aren’t so severe or unprofessional they created an offensive or hostile work environment.

A harasser could be just about anyone in the work environment, including:

• Supervisor
• Co-worker
• Customer
• Contractor

If the harasser isn’t a supervisor, the employer’s liability depends on what management knew about the harassment, when, and what they did in response.

Can Emojis Be Part of Harassing Conduct or Messaging?

Can emojis be part of harassing conduct or messaging? They could, but the devil is in the details. A judge would look at the overall situation, what emojis are used, the context, and the frequency of the incidents. Some federal courts have addressed the issue:

• Bellue v. East Baton Rouge Sheriff: The judge found that a “winking smiley” in text messages along with comments about the plaintiff’s good looks might’ve been offensive or in bad taste but wasn’t severe enough to be illegal sexual harassment
• Allen v Ambu-Stat, LLC: A former employee’s sexual harassment claim was dismissed because the alleged conduct, which included a tongue emoji, physically pointing to the former employee’s groin, and talking about a sexually suggestive song’s lyrics, was not pervasive enough to be actionable
• Mazard-Saintilus v. Miami-Dade County: Part of the plaintiff’s case involved a text including the words, “OMG! You are gorgeous. Damn . . . I need to hit this up” with a red heart and wink face emojis. The court stated it couldn’t find a case where sexual harassment was found based on a single instance where text messages (with emojis) and phone calls during one night outside the workplace constituted sexual harassment
• Mosley v. Preston: The judge decided the severity of the conduct (including text messages with eggplant, peach, dinner plate, and dripping water emojis) was limited, so dismissed the claim
• Herman v. Ohio University: A supervisor sent a female employee text messages at night about her physical looks, asked her to go to dinner with him, sent a winking emoji, and texted her “sweet dreams” after she told him to stop contacting her about non-work matters.  The court ruled the circumstances were objectively and subjectively severe enough to create a hostile work environment

The plaintiff has the burden to prove sexual harassment took place. The difficulty in doing that depends on the facts of the case. In most of these cases, the allegations weren’t enough for the judge to see the situation as sexual harassment.

What Could Make a Difference?

Emojis are subject to interpretation. A peach may just be a peach or the person’s rear end. Sweat may just be sweat, or it may be a woman’s orgasm. The alleged harasser could claim his taco emoji is just a taco, not a reference to female genitalia. If the emoji is an explicit, graphic description of a sex organ or sexual act, it would be much easier to make the case sexual harassment took place.

In these cases, emojis were just part of the communication. If raunchy, emoji-filled texts are accompanied by graphic, unwanted in-person conversations and inappropriate physical touching over a long enough period, a judge or jury would likely find a hostile work environment.

What Kingston Law Group Can Do for You!

The Kingston Law Group helps those subjected to sexual and other workplace harassment. We can answer questions about the law, help you make a complaint to management, negotiate a favorable agreement allowing you to leave your employer, or represent you in litigation.

Contact Kingston Law Group through email (hisaacs@kingstonlawgroup.com) or call us at 609-683-7400. We will schedule a near-term reduced fee initial consultation. We can speak with you on the phone, through a Zoom call, or in person — if you’re vaccinated against Covid-19. We accept credit card payments, and our appointments are from 9 a.m. to 5:30 p.m., Monday to Friday. We can schedule evening appointments during the workweek by special appointment only.

Contact us today. You’ll be glad you did

NJ Child Custody: May the Judge Consider Where You Live?

A child custody order can turn on many issues, including those related to a parent’s home location. If the parents can’t work out a custody agreement, a judge will decide the case based on the child’s best interests. A judge has broad discretion over making this determination, and location may be a factor that can help or hurt your effort to be awarded the type of custody you seek. 

Location issues usually arise if there’s a dispute over who will have primary physical custody (where the child will live most of the time). Under state statute:

• It’s New Jersey public policy that minor children should, ideally, frequently and continuously have contact with both parents after they separate or dissolved their marriage
• The child should live either solely with one parent or with each parent based on the child’s and parents’ needs
• Factors a judge needs to consider include the child’s needs, the quality and continuity of their education, the proximity of the parents’ homes, and the quantity and quality of the time the parent spends with the child before or after the parents separate 

A judge may add factors not specified in the statute.

Why Does Where I Live Matter?

Your location (and related issues), as compared to where the other parent lives, can negatively affect your custody request in several ways:

• Your home isn’t stable because of financial reasons
• You may share living space with others with whom you don’t have a good relationship. There may be open disputes or violence. Those you live with may have psychological disorders, abuse substances, or engage in crime
• Where you live isn’t big enough given how many reside there. A judge may not be comfortable with a home given the sexes and ages of fellow residents, especially if your child shares a bedroom
• You live in an area that doesn’t serve your child well. The school system isn’t as good (this can be a more significant issue if your child has special needs), the crime rate is high, and the quality of your housing suffers
• Your child has a chronic medical or psychological condition or disability that requires specialized care, and it’s not available or difficult to access where you live
• Your home is a long distance from your child’s support network of the other parent, friends, and extended family members
• You want your child to live outside New Jersey, and the other parent objects, and/or your child is mature enough to voice an opinion and doesn’t want to go
• The other parent claims it’s in the child’s best interest if they’re raised in a given religion and suitable religious organizations or institutions aren’t in your area

As lawyers and judges say, child custody issues are fact sensitive.

How Can I Prevent This From Being a Problem or Make My Location More Appealing to a Judge?

When you think about these issues, look at your situation like a judge would. Be as neutral and objective as possible. A judge will look at your child’s need for various things and see which location will better meet them. They will consider your custody dispute without the emotions you and the other parent feel.

Pull back your feelings and look at your location as if you’re the judge:

• What problems might the other parent claim or that the judge may see?
• What can you do to eliminate those problems? 
• What changes will address them? 
• If this isn’t actually a problem, but only one invented by the other parent or perceived by the judge, how can you show this is not something that should concern the judge?

Think about where you live. What facts show it’s in your child’s best interests to live there? How will living with you benefit your child more than living with the other parent?

Does your child have experience with this location or have feelings about living there? If they’re mature enough, the judge may interview them privately. Their opinion may carry a lot of weight with a judge.

Kingston Law Group: Get the Help You Need from the Lawyers You Trust

If you have any questions about child custody or parenting time, call the Central Jersey law offices of the Kingston Law Group at 609-683-7400, or contact us online for a near-term reduced fee initial consultation. We will listen to your side of the story, explain how the law may apply in your case, and talk about how to obtain the best outcome. We will present optimal choices to protect your legal rights and interests and those of your child(ren). Call or write us today. You will be glad you did.

Creating the Ties that Bind: What Makes an Employment Contract Enforceable?

Employment contracts historically were limited to highly paid, upper management employees. Both sides were sophisticated and wanted something more than a “handshake” deal. Now employment contracts for employees at all levels are common. Employers seek to add more and more limits on what employees can do during and after their employment — and a contract may make those demands legally binding well beyond job termination.

What is a Contract?

A legally binding contract involves:

• An offer by one party to the other;
• A “meeting of the minds”;
• Both parties exchange lawful consideration; and
• Each party accepts the offer.
• The employment relationship is governed by an Employee Handbook that spells out the parties’ respective rights and obligations.

After an initial offer, there are often negotiations because the other party wants a better offer in exchange for their acceptance. Proposals and counter-offers may go back and forth, yet eventually, there’s a “meeting of the minds” where both parties understand their mutual rights and obligations and are willing to memorialize them in a signed writing.

The parties must exchange consideration, but what is it? It must have value, but it need not be tangible. It could be money, stock options, a pledge to do something, or to refrain from doing something a party has a right to do. After all this takes place, the offer (in its original form or as amended if it’s mutually agreed upon) is accepted, and a binding employment contract is circulated for final signatures and distribution.

Must a Contract Be Written?

No, but both parties are better off if it is. There are express terms (the agreement’s in writing but unsigned or verbally made), and a contract can be implied by the parties’ actions or the circumstances of their relationship.

In an implied contract, party A may be obligated to pay for services provided by party B if B reasonably expects A to compensate them and if a reasonable person in A’s position would know B is performing services expecting payment.

It’s easier to enforce a written contract because its terms and conditions are right there, and both sides have already shown their intent to accept them. Both parties can too easily dispute what is or isn’t part of an implied contract or one they only discussed (but may or may not have agreed to).

What Makes a Contract an Employment Contract?

An employment contract covers the terms and conditions of the employee’s job, plus compensation and benefits. Typical sections of an employment contract include:

• Identification of the parties;
• The contract’s effective date and term;
• The pay and benefits the employee will receive;
• Whether this is a part- or full-time job and if the employer must approve outside employment;
• The person’s title and duties;
• The hours and days the individual is expected to work;
• The employee’s work product is solely owned by the employer;
• How either party may bring the contract to an end, with or without the consent of the other party;
• How employment disputes will be worked out, possibly including negotiation, mediation, arbitration, and/or court intervention;
• If there’s a dispute over the contract, which state’s laws would apply; and
• Restrictive covenants, such as the employee agreeing that they, while working or for a period after leaving (whether by resignation or firing), may not: compete with the employer, solicit fellow employees or current customers to another business, and disclose confidential trade secrets, financial, and other private information.

What’s in the contract is up to the parties, though if a section violates the law, it wouldn’t be enforceable. New Jersey law changed in 2019 to make some employment contract clauses unenforceable. For example, an employer can’t prevent you from filing a discrimination complaint with a government agency enforcing those laws, but if the employee seeks compensation due to alleged discrimination they may be required to resolve the issue through mediation and or arbitration.

A New Jersey employer may not force an employee to go to binding arbitration about gender discrimination or sexual harassment, nor may the employer prohibit the employee or former employee from publicizing such claims, provided the employer is allowed to rebut the employee’s allegations once made public.

When Can a Contract Violation Result in Legal Action?

A minor, partial, or immaterial breach of the employment contract — such as missing work hours, not receiving all sick days promised, or not performing minor duties of the job — won’t be enough to justify legal action.

A party could file legal action for breach of contract if there’s a material breach that threatens the primary purpose of the agreement and it goes against the parties’ intent when the contract was created. The breaching party could be ordered to comply with the contract and or pay the other party what they lost due to the breach. It can also mean, in fairness, the non-breaching party later may be forgiven for not complying with the contract’s terms.

Does Your Employer Want You to Sign a Contract?

Never sign a contract you haven’t read or fully understood. If your employer (or potential employer) gives you a “take it or leave it” contract, doesn’t give you time to review it, or doesn’t want your lawyer to look at it, then don’t sign it and start looking for another job. An employer who doesn’t want you to understand what’s in the document and wants you to blindly give up your legal rights isn’t an organization you want to work for.

What Kingston Law Group Can Do for You.

The Kingston Law Group can review draft employment contracts and tell you what’s good, bad, and unacceptable. We can also propose changes and negotiate the contract for you. Our firm can also represent you if you’re accused of breaching an employment contract or if you claim your employer isn’t living up to their end of the bargain.

If you have questions concerning an employment contract or a breach of contract claim has been made or threatened, contact Kingston Law Group through email (hisaacs@kingstonlawgroup.com) or call us at 609-683-7400.

We will schedule a near-term reduced fee initial consultation. We will listen to your facts, explain the laws, and discuss your options to obtain social and economic justice. We can speak with you on the phone, through a Zoom call, or in-person — if you’re vaccinated against Covid-19. We accept credit card payments, and our appointments are from 9 a.m. to 5:30 p.m., Monday to Friday. We can schedule evening appointments during the workweek by special appointment only.

Contact us today. You’ll be glad you did.

What’s the Deal with NJ Child Custody, Parenting Time, and Vacation?

 Vacation is a time for you to relax with your family. There are so many issues to resolve. When should you go? Can you take time off from work? Where should you go? Can you find things your kids and you want to do together? For many parents, another question comes to mind:  will vacation planning create another dispute with my ex-spouse, possibly embroiling the kids in the fight?

Vacations are an opportunity for each parent to show they’re well-adjusted enough to resolve potential conflicts. Sadly, one or both parents may instead use the situation to show they have enough control to inflict pain on the other parent.

A Vacation Schedule Should Be a Standard Part of Your Parenting Plan

Your custody and parenting time order should have a parenting time schedule that determines how much time you’ll have with your kids each year and when. For some families, the language may be vague for scheduling flexibility, yet vague language may invite disputes.  Many times, spelling out the details is helpful for everyone, understanding that no agreement’s coverage can be all-encompassing.

Vacations shouldn’t come as a surprise. This isn’t a situation where a custodial parent suddenly becomes severely ill or injured and unable to care for their children, upsetting the time off schedule of the non-custodial parent. There is ample time to plan or re-plan your vacation schedule annually and notify the other parent of your wishes.

Though it’s important to have a vacation schedule, sometimes disputes arise when what’s on paper doesn’t work in real life. If a parent is supposed to take the kids on vacation, but they just switched jobs so can’t take time off right away, then the parties should agree to reschedule the time. The right thing to do may be to move an expected August vacation to one in December or January when children aren’t in school.

Like other conflicts between divorced parents, vacation disputes need to be handled like business planning: low on emotion, high in good faith, and resolved in a flexible, practical way.

Conflicts Don’t Take Time Off

If you can’t work out who will take the kids on vacation when, call our office. If your ex-spouse and you can’t seem to make progress, we can discuss approaches that have worked for others in the past. We can negotiate with the other parent or their attorney. We can refer the parties to a qualified mediator who will help the parties resolve their matter efficiently and quickly.  In nearly all cases, the parties will agree to an outcome they can all live with.

Getting the Family Court is possible, even emergently, yet it’s a time- and money-consuming process. Unless you have no choice, you shouldn’t spend money you saved for a vacation (and maybe more) litigating vacation issues. If you feel it’s important enough to you, or your spouse refuses to be reasonable, we can ask a Judge to decide the issue in a way that balances the parents’ rights and the children’s best interests.  If that is your necessary and desired route, it is critical that you give your lawyers as much time and notice as possible to get you into court.

Kingston Law Group: Get the Help You Need from the Lawyers You Trust

If you have any questions about child custody, parenting time, or resolving a vacation dispute, call the Central Jersey law offices of the Kingston Law Group at 609-683-7400, or contact us online for a near-term reduced fee initial consultation. We will listen to your facts, explain the laws, and advise you on how best to obtain legal, economic, and social justice. We will present optimal choices to protect your legal rights and interests and those of your child(ren). Call or write us today. You will be glad you did.