DiLorenzo & RushDiLorenzo & Rush2026-06-18T22:16:05Zhttps://www.dilorenzo-rush.com/feed/atom/WordPress/wp-content/uploads/sites/1304169/2020/05/cropped-favicon-32x32.pngOn Behalf of DiLorenzo & Rush<![CDATA[5 critical updates to New Jersey’s child custody laws]]>https://www.dilorenzo-rush.com/?p=488652026-03-31T20:37:19Z2026-03-31T20:34:33ZA child’s safety as the new threshold
Previously, judges assessed multiple factors when determining child custody, with safety among them. Now, a judge prioritizes a child’s welfare above all other factors before deciding on anything else. Your child’s physical and emotional health is now the paramount priority. If there are claims of abuse or danger, the courts must address these concerns first.
An added importance to the child’s voice
The recent law updates now give much more weight to what the child actually wants. When the child is of age and demonstrates maturity to express their side, the courts must consider it. Even if a judge has the last say on court orders, your child’s voice has greater bearing. Should a judge decide to go against a child’s preferred living arrangement, the law mandates the judge to explain on the record why they did so.
A drift from the 50/50 focus
The courts encourage the child to have frequent and continuous contact with both parents. While starting with a 50/50 approach may seem ideal, the law removed language that promotes this. Shared parenting remains the goal, but only when it is in the child’s best interests, protection and welfare.
A greater importance on a case-by-case approach
The legislature has moved away from the idea that every family should follow a standard template. Every custody decision must now be made on a strictly case-by-case basis. Judges now have to craft a unique plan that fits your child’s specific emotional and developmental needs instead of relying on generalized outcomes.
A strict implementation of court-ordered therapy
If your child does not have a relationship with the other parent, the courts can order reunification therapy. However, the law now strictly limits this.
A judge can only proceed with this order if there is scientific proof that the therapy is safe, effective and beneficial for the child. Additionally, they must find good cause by evaluating these factors:
The reason for the estranged parent-child relationship
The willingness of parents and the child to start therapy
Any alleged conduct by one parent against the other
The child’s prior therapeutic history
Any history of domestic violence or child abuse
The court cannot use therapy as a way to force a child into an unsafe situation or to fix a relationship where abuse has occurred.
Navigating New Jersey’s current legal landscape
These updates aim to protect children, but they also make the legal process more complex and evidence-heavy. If you need more clarity about New Jersey’s child custody laws, it is wise to consult a family law attorney.]]>On Behalf of DiLorenzo & Rush<![CDATA[Creating a custody schedule that works for kids and their parents]]>https://www.dilorenzo-rush.com/?p=487992026-01-02T14:48:28Z2026-01-02T14:48:28ZThe children's best interests are the top concern
If a family law judge must rule on a custody dispute in New Jersey or New York, the focus is always on the needs of the children rather than on the rights of the parents. The law compels a judge to consider the children's best interests in all matters regarding parenting time and authority. Parents typically have to find ways to work together or to at least accept the reality of shared custody.
Without compelling evidence of dangerous circumstances involving criminal activity, domestic violence, substance abuse or neglect, a judge is unlikely to award one parent sole custody while cutting the other out of the lives of the children. Parents who develop their custody cases by focusing on what is best for the children can often achieve better outcomes than those who simply attempt to assert their rights as parents in family court.
Details help keep the peace
All too often, parents focus primarily on establishing an overall breakdown of parenting time and ignore other key aspects of an effective parenting plan or custody order. For example, they need to address holidays, birthdays and similar special events.
Many parents find that an alternating schedule where the children spend every other holiday with each parent is the most appropriate solution. The parents can have every other holiday with the children annually and can enjoy each holiday with the children every other year. These arrangements prevent holidays from becoming a source of predictable scheduling conflicts.
Parents may also need to discuss matters related to discipline, education and technology. Consistent rules and curfews, as well as shared expectations for the children, can help them adjust to life when their parents share custody. More detailed parenting plans create better structure for the family and limit future opportunities for conflict.
Employing a pragmatic approach to child custody negotiations can help people arrive at terms that are fair and workable for their family. Parents who understand the basics of the law and who focus on the big picture may be less likely to regret their custody terms or end up litigating about them in the future.]]>On Behalf of DiLorenzo & Rush<![CDATA[The legal complexities of interstate custody]]>https://www.dilorenzo-rush.com/?p=488002025-10-06T17:10:03Z2025-10-06T17:10:03ZIf you or your ex is planning on moving to a different state, the decision can have significant implications for your current child custody arrangements. Before you pack your bags, it's essential to understand the legal framework that governs interstate parenting agreements.
Understanding home state jurisdiction
In interstate child custody matters, the home state jurisdiction is central to determining which state has the authority to make child custody decisions. Typically, your child's "home state" is where they have lived for at least six consecutive months before any custody proceedings begin. If your child is less than six months old, their home state is where they have lived since birth.Determining where your child's legal home state is crucial. That's because it can serve as a starting point for resolving any custody disputes you have before, during or after the move. If you are considering moving out of state, it's essential to evaluate how this move could affect the "home state" status. If your ex is moving out of state, it's also important to consider how the move could affect your child, as family courts often account for the child's best interests when making determinations.
The role of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
TheUCCJEA plays a pivotal role in managing interstate custody disputes by providing a consistent legal framework for resolving these disputes. The act aims to:
Help streamline custody proceedings
Prevent conflicts between states
Ensure that custody decisions are made in the best interests of the children
Under the UCCJEA, once one state becomes the "home state," it can maintain exclusive rights to make custody decisions. This exclusivity can continue until the state decides it no longer has a significant connection to the child or another state becomes the home state.
Considerations when moving out of state
When making such decisions, it's crucial to account for factors like the:
Distance of the move
Child's relationship with you and their other parent
Potential impact on the child's education and social life
Keeping the child's needs at the forefront can help facilitate a smoother transition.
Get what you need to maneuver the process
Interstate child custody matters can be intricate and delicate matters. However, by having a thorough understanding of the rules and jurisdictions that govern the process, you can possess the knowledge, tools, and resources needed to navigate any challenges you encounter.For additional information and guidance, consider consulting with a seasonedMaryland child custody attorney.]]>On Behalf of DiLorenzo & Rush<![CDATA[Understanding white-collar crime and penalties]]>https://www.dilorenzo-rush.com/?p=488012025-09-30T12:12:32Z2025-09-30T12:12:32ZWhite-collar crime can happen in any business or workplace. You might think it only affects large corporations or executives. In reality, anyone who handles money or relies on others with financial responsibility can face serious risks. Knowing what to watch for helps you protect yourself, your business and your finances.
Identify common white-collar crimes
These offenses are usually financially motivated. Some of the most frequent include:
Mail Fraud: Using the postal service to run scams or misrepresentations.
Wire Fraud: Committing fraud through email, phone, or electronic transfers.
Embezzlement: Taking money or property entrusted to you at work.
Money Laundering: Moving illegally obtained funds through financial systems to hide their source.
Financial Fraud: Schemes like investment fraud, mortgage fraud, accounting fraud or securities fraud.
White-collar crimes carry strict federal consequences. You could face:
Restitution: Courts may require you to repay victims for the money or property you stole or fraudulently obtained. This ensures that those harmed by your actions are compensated as fully as possible.
Fines: Judges can impose significant fines, sometimes reaching hundreds of thousands or even millions of dollars. These fines are meant to punish wrongdoing and deter others from committing similar offenses.
Prison Sentences: Federal prison terms vary depending on the scale of the crime, the number of victims and whether you abused a position of trust. Sentences can range from a few years to multiple decades, especially for large-scale fraud or repeated offenses.
Courts also consider whether the offender abused a position of trust or caused widespread harm. These factors can increase penalties.
Consider the local context
Hackensack, New Jersey, is home to about 46,000 residents. Many work in finance, healthcare and corporate sectors. This environment can make understanding local risks important. Being proactive helps protect your reputation and finances.
Take action early
Federal investigations move quickly. If you face allegations or notice suspicious activity, consulting an attorney early can help you understand your options, respond effectively and reduce potential penalties. Acting quickly helps safeguard your finances and future without unnecessary stress.]]>On Behalf of DiLorenzo & Rush<![CDATA[Should police officers recite the Miranda warning during arrests?]]>https://www.dilorenzo-rush.com/?p=482862025-05-07T16:21:58Z2025-05-07T16:21:58ZDramatizations may misrepresent people's rights
Most people who have watched a television show about law enforcement or the judicial system have witnessed police officers provide the Miranda warning during an arrest. It is common for television shows and movies to depict police officers Mirandizing suspects during the arrest procedure. Officers advise individuals of their right to remain silent and their right to a lawyer while putting them in handcuffs or placing them inside a police cruiser.
While this may be a visually dramatic scene for viewers, it is not necessarily a realistic depiction of the arrest process. Technically, police officers do not need to provide a Miranda warning during an arrest. Instead, the Miranda warning is necessary prior to questioning a suspect while they are in state custody.
If officers arrest someone and do not question them, they may not provide the Miranda warning at all. In many cases, they provide the Miranda warning long after the initial arrest when they finally sit down with the arrested individual to talk about the situation.
If police officers question someone who is in state custody without first informing them of their Miranda rights, that violation of their rights could influence how useful any statements or confessions are during prosecution later. However, simply taking someone into state custody without instantaneously providing the Miranda warning is not necessarily a violation of an individual's right.
Discussing the recent conduct of law enforcement professionals during and after an arrest with a skilled legal team can help those facing criminal charges evaluate their options. Excluding evidence as part of a criminal defense strategy may be effective in cases where Miranda violations occurred. Defendants who know their rights and assert them may have an easier time than many others fighting the charges that they’re facing.]]>On Behalf of DiLorenzo & Rush<![CDATA[4 myths about child custody]]>https://www.dilorenzo-rush.com/?p=482852025-04-30T16:46:32Z2025-04-30T16:46:32ZWhen it comes to child custody in New Jersey, many misconceptions can cause confusion. These myths often stem from misunderstandings of the law, personal biases, or incorrect advice. It's important to separate fact from fiction when dealing with custody matters.
Myth 1: Mothers always get custody in New Jersey
Many people believe that mothers automatically get custody in New Jersey. However, the law does not favor one parent over another based solely on gender. New Jersey courts prioritize the best interests of the child. The court considers factors such as each parent's ability to care for the child, the child’s relationship with both parents, and any history of abuse or neglect. Both parents have equal chances of obtaining custody.
Myth 2: Child’s preference determines custody
It is often thought that the child's preference plays a primary role in custody decisions. While a child’s preference can be considered, it is not the deciding factor. In New Jersey, the court will listen to a child's opinion depending on their age and maturity level. The court will evaluate many other factors, and the child’s preference will only influence the decision if it aligns with the child’s best interests.
Myth 3: You must go to court for custody decisions
Many believe that child custody cases always require a court appearance. However, New Jersey encourages parents to work together to create a custody agreement through mediation or negotiation. If parents cannot agree, the court will make the decision. But resolving custody outside of court is always an option.
Myth 4: Custody means the parent with the child most often has control
Some think that custody solely relates to the amount of time a parent spends with the child. However, custody includes both physical and legal custody. Legal custody refers to decision-making authority over the child’s education, healthcare, and general welfare. A parent with primary physical custody does not automatically have legal custody unless the court specifies it.
Myth 5: Once custody is decided, it’s final
Some believe that once a custody decision is made, it cannot be changed. Child custody agreements are not permanent. New Jersey courts allow for modifications if significant changes occur. For example, if a parent relocates or the child’s needs change, the court may adjust custody arrangements. Custody can evolve as circumstances shift.Understanding these myths clarifies how custody decisions work. It’s essential to approach custody matters with accurate knowledge and realistic expectations.]]>On Behalf of DiLorenzo & Rush<![CDATA[Can social media be used as evidence in a criminal case?]]>https://www.dilorenzo-rush.com/?p=482832025-04-14T21:50:46Z2025-04-14T21:50:46ZFrequent social media use often reveals more than you intend. In criminal proceedings, courts accept online activity as evidence. Law enforcement and prosecutors actively examine social media content to support allegations and build stronger cases.
How social media becomes evidence
Posts, photos, videos, and direct messages from your accounts often serve as key pieces in a criminal investigation. When you upload a photo from a location tied to a crime, it can establish your presence or involvement. A post that sounds like a threat or confession can strengthen the prosecution's argument. Investigators access private communications when they obtain a warrant.Courts examine digital content with the same attention they give physical evidence. Judges assess how law enforcement collected it and whether it supports the case. Prosecutors regularly submit screenshots, metadata, message logs, and videos as evidence.
When social media harms your defense
Casual posts or offhand remarks can lead to serious consequences. Judges and juries may misread sarcasm, humor, or vague statements. Photos featuring specific people, objects, or settings can raise suspicions. Investigators often recover deleted posts and introduce them during the trial.When you face criminal charges, investigators will likely review your online presence. They frequently issue subpoenas to platforms like Facebook, Instagram, and Snapchat to collect user data. Think carefully before posting while your case remains open.
How courts determine reliability
Judges evaluate the context and verify the authenticity of social media content. Prosecutors must prove that you created or sent the material. They often use timestamps, account identifiers, and device records to establish authorship. Judges may dismiss any content that seems fake, altered, or unreliable.Your online behavior can affect how the court views your case. Deleting a post doesn’t guarantee it disappears, and privacy settings won’t prevent legal access. Before posting anything, consider how a judge or jury might interpret your words or images.]]>On Behalf of DiLorenzo & Rush<![CDATA[What to know about dividing retirement accounts during a divorce]]>https://www.dilorenzo-rush.com/?p=482822025-03-27T20:53:24Z2025-03-27T20:53:24ZDividing retirement accounts during a divorce can be a complex and important part of the asset division process. Retirement savings, such as 401(k) plans, pensions, and IRAs, may account for a significant portion of marital property. It’s essential to understand the legal requirements and the methods of division to ensure fairness and avoid future complications.
Identifying marital vs. non-marital property
Before dividing any retirement accounts, it’s important to determine which portion is considered marital property. Generally, any contributions made during the marriage are considered marital property, while funds contributed before the marriage or after the divorce are considered separate. The court will typically divide only the marital portion of the account, but specific laws may vary depending on the state.
Types of retirement accounts and how they are divided
Retirement accounts come in different forms, such as 401(k) plans, IRAs, and pensions, each requiring specific steps to divide. A 401(k) or similar employer-sponsored plan often requires a Qualified Domestic Relations Order (QDRO), a legal document that directs the plan administrator to divide the account. In contrast, dividing an IRA may be simpler, but it still requires a transfer agreement to avoid tax penalties.
Tax implications of dividing retirement accounts
When dividing retirement accounts, tax implications must be considered. For example, withdrawing funds from a 401(k) early could result in tax penalties. To avoid this, it’s crucial that any division of retirement accounts follows the proper legal procedures, such as obtaining a QDRO. Additionally, the recipient spouse may be liable for taxes when they eventually withdraw funds.
Seeking professional assistance
Navigating the division of retirement accounts can be tricky, and seeking professional help is often necessary. A family law attorney can guide individuals through the legal process, while a financial advisor can assist with understanding the long-term financial impacts of dividing retirement assets.]]>On Behalf of DiLorenzo & Rush<![CDATA[What factors influence alimony decisions in NJ?]]>https://www.dilorenzo-rush.com/?p=482792025-03-13T19:17:59Z2025-03-13T19:17:59ZDivorce often brings financial uncertainty, especially when one spouse earns significantly more than the other. Alimony, also known as spousal support, helps balance financial disparities after a marriage ends. In New Jersey, several factors determine whether alimony is awarded and how much.
Length of the marriage
The duration of the marriage plays a big role in alimony decisions. Short-term marriages may result in little to no alimony, while long-term marriages often lead to longer or permanent payments. The longer a couple has been together, the more likely it is that one spouse has sacrificed career opportunities to support the household.
Financial needs and earning capacity
Courts assess each spouse's financial situation, including income, assets, and debts. If one spouse cannot maintain the standard of living they had during the marriage, the court may award alimony. Judges also consider earning potential, job history, and whether further education or training is needed for a spouse to become self-sufficient.
Standard of living during marriage
New Jersey courts aim to help both spouses maintain a lifestyle similar to what they had during the marriage. If one spouse was financially dependent and accustomed to a certain standard of living, the court may order alimony to bridge the gap until they can support themselves.
Contributions to the marriage
Non-financial contributions, such as raising children or supporting a spouse’s career, factor into alimony decisions. If one spouse gave up a career to take care of the home or children, courts recognize that sacrifice when determining spousal support.
Physical and emotional health
A spouse’s health can impact their ability to work and support themselves. Courts consider medical conditions, disabilities, and overall well-being when deciding on alimony. If a spouse cannot work due to health issues, they may receive financial support.Alimony decisions in New Jersey depend on multiple factors, ensuring fair outcomes based on individual circumstances. Understanding these factors can help you prepare for what to expect in a divorce case.]]>On Behalf of DiLorenzo & Rush<![CDATA[Understanding drug-related conspiracy charges in New Jersey]]>https://www.dilorenzo-rush.com/?p=482752025-03-04T10:29:28Z2025-03-07T10:27:11ZDefining “agreement” and “overt act”
The "agreement" does not need to be a formal or written contract. It can be an informal understanding implied from the actions and communications between the parties involved. This means that even casual conversations or plans can potentially lead to conspiracy charges if they show a mutual intent to break the law.
The “overt act” should be a clear step taken towards the execution of the crime. This could range from purchasing tools needed for the crime, scouting locations or any other action that shows a commitment to carrying out the criminal plan. The overt act itself does not need to be illegal – it must only be a concrete step that furthers the conspiracy.
How is it different from other drug-related charges?
In possession cases, the police need to find drugs on someone or in their control. For distribution, there must be evidence of selling or sharing drugs. However, with conspiracy, a person does not need to complete or attempt the crime. Drugs also don't need to be present. What matters is whether there was an agreement with another person to commit a drug-related crime and any steps taken to make it happen.
Defending against conspiracy charges
There are several valid defenses against conspiracy charges. Since the charge revolves around the existence of an agreement and an intention, proving that there was no real agreement or intention to commit a crime can be a strong defense argument in court.
The requirement for an "overt act" can also be a defense. If no clear steps were taken to carry out the plan, this can be used to challenge the charges. Moreover, if someone involved in the conspiracy decides to back out and communicates this to others, it can serve as a defense.
However, it’s important to note that every case is different, and many factors can come into play. If you or a loved one is facing drug-related conspiracy charges, working with an attorney may be crucial. They can help explain the law and protect your rights throughout the process.]]>