Edward R. Weinstein, Esq.

New Jersey to review DYFS Domestic Violence Laws

2012-01-16T12:59:00.002-05:00

The domestic violence laws in the New Jersey are presently being reviewed by the State after the recent murder of two-year-old, Tierra Morgan-Glover, which occurred in November 2011. Tierra was murdered by her father, Arthur Morgan, during court approved parenting time. The mother of the child advised DYFS and other social service cases workers that Arthur had been abusive to her and Tierra. During his parenting time with his daughter, Morgan threw his daughter into a Monmouth County stream, while she was still strapped in her car seat. After Tierra was not returned to her mother, her mother contacted the police to report the child missing. After Tierra’s body was found, the police were on a nationwide hunt for her father. Arthur Morgan was found and arrested in California on November 29, 2011.
The State of New Jersey is currently reviewing their Division of Youth and Family Services (DYFS) domestic violence guidelines to see if this murder could have been prevented. It has been uncovered there was a previous investigation performed by DYFS for abuse with respect to this family. DYFS closed the matter as there was not enough evidence to make a finding of abuse or neglect. The State will review their policies to determine if the agency is effective at discovering abuse.

International Protect Children in Divorce Month

2012-01-11T18:44:00.001-05:00

International Protect Children in Divorce Month interview conducted January 10, 2012.

Live Interview WCTC 1450

2011-12-16T11:33:00.001-05:00

Please listen today at 1:20 p.m. as I shall be interviewed on 1450 WCTC regarding the Old Bridge Murder, Kidnapping and Suicide tragedy which occurred earlier today. A terrible situation but I have confirmed that the children our safe.

Divorce Dirty Tricks

2011-12-13T15:25:00.001-05:00

Divorce Dirty Tricks

Edward R. Weinstein on WCTC 1050AM

2011-10-27T09:31:00.001-04:00

Edward R. Weinstein on WCTC 1050AM

Co-parenting Children

2011-10-12T14:52:00.001-04:00

Studies show that children who had no or little contact with one parent were the most distressed about the parenting arrangement at the time of the divorce, and were still upset for years following the “break-up” of their parents. In other words, more children thrive when they have loving and caring relationships with both parents notwithstanding the demise of their parents’ relationship. Of course, when one of the parents have issues that affect their ability to co-parent in an appropriate manner (i.e., substance abuse and/or anger management issues, an inability to shield the children from their animosity towards the other parent, etc.), such an ideal scenario will likely not be possible. However, it is clear that when both parents are able to co-parent in a responsible and mature fashion, this is always in the best interests of their children, and the results with be extremely positive.

Divorce Tips

2011-08-24T16:16:00.002-04:00

Do not allow your soon to be ex-spouse to manipule your children. Be sure your bond with them remains strong. To the end, do not ever bad-mouth your spouse; your kids will figure that out later and may hold it against you. While it is difficult not to get caught up in the day to day drama of a divorce, always try your best to think globally.

WCTC August

2011-08-09T14:23:00.004-04:00

http://www.youtube.com/watch?v=KtMpVRydtfU

Protecting Children

2011-07-21T10:56:00.001-04:00

Divorce is hard on kids but it is the failure to resolve conflict that damages kids the most. They learn that problems can't be solved. When parents settle things eventually, kids learn that problems can be solved, which is a valuable lesson in and of itself.

Think Before You Poke: The Effects of Facebook on Divorce by Edward R. Weinstein

2010-03-10T12:47:00.001-05:00

A recent survey conducted by the American Academy of Matrimonial Lawyers (AAML) reveals that 81% of the country’s top divorce attorneys have seen an increase in the number of cases using social networking evidence over the last five year. Facebook is the primary social networking evidence according to 66% of those surveyed. Divorce-online.co.uk found that 20% of divorce papers filed in the United States cited the word “Facebook” as a reason for filing for divorce.

These statistics are not at all surprising. The advent of social networking has certainly made it easier to cheat. However, social networking websites like Facebook have made it so much easier to get caught! Facebook has enabled people to reignite former flames or easily connect with someone new, making infidelity as easy as a click of the mouse. But when someone discovers their spouse’s inappropriate chats, messages, wall posts and pokes, these infidelities may very well lead a scorned spouse to file for divorce.

And even if Facebook is not the cause of divorce, it can still serve as useful evidence in divorce proceedings. Whether it comes in the form of status update or a new photo album, individuals normally will not think twice about publicly posting information about their personal lives for all to see on Facebook. For divorcing parties, these public streams of consciousness can make or break a divorce proceeding.

For instance, perhaps you are seeking to avoid or reduce an alimony obligation by stating you are recently unemployed due to the current decline in the nation’s economy. That argument may fall flat on its face when your spouse uncovers pictures of you and your new paramour on vacation at a five-star resort in the Caribbean. Or, perhaps you are seeking custody of your children and trying to overcome allegations about a drinking problem. But, your drinking buddy posted on your wall about your recent weekend bender. Are you denying the allegations of adultery that your spouse cited in her complaint for divorce? Well, when you gave her your Facebook password, she printed out an entire message exchange between you and your lover describing in great detail all of your adulterous escapades.

You might think you are safe if you “de-friended” your spouse. But, likely if you were married, you have mutual friends who may have more loyalty to your spouse than to you. And certainly Facebook has ample privacy settings available so that some information is only accessible to individuals you approve. But, there is no guarantee that someone else who posts questionable pictures of you will maintain the level of privacy you would like meaning that all of their “friends” can see any pictures of you. And in the tangled web of social networking, that person’s friend may very well be your spouse.

For divorcing parties, a simple post or poke can come back to haunt you. In the realm of social networking, posts are only as private as a divorce lawyer will let them be. There is truly no way to eliminate the possibility of Facebook evidence being used against you as you may end up in a friend’s photo that your spouse may have access to. The only way to minimize the risk of your own Facebook account to become evidence against you in a divorce proceeding is to steer clear of it and deactivate your account.

Edward R. Weinstein, Esq. is an attorney in East Brunswick, New Jersey specializing in all areas of matrimonial and family law including divorce, annulment, child custody, child support, alimony, equitable distribution, domestic violence, pre-nuptial agreements, adoptions and civil unions. He has been appointed to the Assignment Judge’s Family Law Committee, as a Member on the Early Settlement Panel with the Superior Court of New Jersey, and as a Member of the Supreme Court of New Jersey District Ethics Committee. The author wishes to thank Megha R. Thakkar, Esq. for her assistance in the research and writing of this article.
For more information about Mr. Weinstein, please visit www.weinsteinlawoffice.com or become a fan of New Jersey Divorce Lawyer on Facebook.

2009-07-13T16:28:00.001-04:00

Tips For Divorcing Or Divorced Parents

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