The Modern Soldier and His/Her Battle for Custody

On January 25th, Governor Christie passed a bill that protects Military men and women from loosing custody of their children due to being deployed/ receiving treatment post deployment.

The law protects these men and women from having the court make changes to their custody agreement while they are away, and up to 90 days after they return. They are not allowed to deem these men and women as unfit parents just because they are/ were away serving out of the country as long as they have a written notice of deployment or post-deployment treatments. The temporary guardian, of these children, must legally set aside time for the children to interact with their mother or father, such as over the phone or by video messaging.

However, this new law does not stop the court from changing the agreement, and potentially taking away custody, if it comes to the attention of the court that the child, or children, are considered in danger.

For more information: Source

Photo by: S Braswell

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How Twitter and Facebook are becoming Weapons in the Court Room

Could Social Media lead to your downfall in the courtroom?

Over time, as the world and technology changes, new battle strategies have to be invented in order to be deemed victorious. This poses true for not only war, but for court room battles as well, and these new battle strategies involve social media.

As our society slides into an age where “over sharing” is in and privacy is out, we need to become more mindful of what we post on sites such as twitter and Facebook. Users no longer have a filter and post anything and everything, ranging from what they had for breakfast to more intimate details about sexual encounters or the drugs they did over the weekend, sometimes even including pictures. At the time of posting this information the user might think, “Who cares, my page is private and the only people who are going to see this are my friends.” However, years down the road when the user is going through a nasty divorce, this information might resurface in the court room.

Both women and men have begun using old and new Facebook/ Twitter posts in order to prove infidelity or the fact that one parent is not suitable for custody of the children involved. Twitter, for example, is allowing users to download reports, dating back to the very first day the account was created, of any and all statuses posted which could potentially be used as evidence against you.

For more information on Social Media in the court room:

Source

*Photo by: Gabriella Fabbri

NJ Supreme Court: Prenatal Drug Exposure is Not Enough to Prove Child Abuse

To Prosecute, or Not To Prosecute, That is the Question:

Should there be legal consequences for women who use either alcohol or illegal substances while pregnant? This question is still extremely controversial, and due to varied opinions, will continue to be for years to come.

The New Jersey Supreme Court recently reached a unanimous decision that the state may NOT consider a newborn to be abused or neglected based solely on evidence of prenatal drug exposure. There has to be substantial evidence showing that the drugs and or alcohol ingested while pregnant will have lasting effects on the infant and his/ her health in order for there to be a case. This evidence can come in the form of actual physical or mental impairments at birth etc.

According to the article, many states have already prosecuted women who have abused drugs or alcohol during pregnancy. These convictions were mainly overturned because of the fear that it would discourage women, who are pregnant while suffering from substance problems, from seeking out the help they need.

Congress has already responded by authorizing grants, which will be used to set up drug treatment programs targeting pregnant drug/ alcohol users.

For More Information: http://verdict.justia.com/2013/02/19/in-utero-the-new-jersey-supreme-court-says-prenatal-drug-exposure-is-not-sufficient-evidence-of-child-abuse

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Here at the Law Offices of Toni Ann Russo, we look at each year as a new beginning with vast opportunities. Opportunities to change with the times, to better ourselves as individuals, and to help those who truly need it the most. To us, the family unit is one of the most important parts of life and that is why we FIGHT to protect it.

This blog is a way for our firm to reach out to those who we generally do not come in contact with due to space, place and location. We are deeply passionate about being able to spread knowledge dealing with all aspects of family law, and what is going on in today’s world in regards to that. Being educated about your rights as an individual is key, and only with this knowledge can we protect ourselves as well as those who we care most about.

We invite you to join us on this new and exciting journey, and hope that you stick around and learn as much as possible.

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