Family Law

Andrea White Joins Family Law Committee

Andrea B. White, Esq., a partner at Ansell Grimm & Aaron PC, has been appointed to a 3-year term on the  Family Law Committee of the Monmouth Bar Association. The Monmouth Bar Association exists to uphold the honor of the profession of the law, to encourage cordial association among members of the Bar, to coordinate the activities of the members of the Bar and to advance the honor, welfare, service, and enjoyment of its members.

AGA Partner Andrea White to Speak at Family Law Symposium

Ansell Grimm & Aaron partner Andrea B. White Esq. will be among the featured speakers in the New Jersey Institute for Continuing Legal Education  2021 Family Law Symposium.

The symposium is a comprehensive 2-day program slated for Jan. 26 & 27 offering 14.8 NJCLE credits including 1.0 diversity and inclusion credits  (please visit the NJSBA website for information on CLE credits for NY and PA attorneys).

The program will run from 9 am to 4:30 pm on Jan. 26 and 9 am to 3 pm on Jan 27. Registrants for the program will automatically get the on-demand and live program for both days and will be able to access the on-demand program for 120 following its release, available 7 days after the live event.)

The symposium is presented in cooperation with the NJSBA Family Law Section.

Ms. White is slated to take part in two panels:

  • What I Wish I Knew Then-Hot Practice Tips from Past Family Law Chairs
  • Home is Where the Heart(ache) is: Occupancy Under NJSA 3B:35-3(a),
    Pendente Lite Occupancy, and Need for Each Party to Have a Residence

Registration and more information about the symposium is available at:

NJICLE

A print-ready pdf application form is available here:

2021 Family Law Symposium

A group registration form is available here:

Group Registration

Robert H. Siegel Obtains Victory in Rare School Selection Trial

Robert H. Siegel, Esq. recently won a trial victory in the Monmouth County Superior Court, Family Division, where the trial court ruled in favor of AGA clients seeking to enroll their minor child at a private high school in Monmouth County.

The case presented a rare factual scenario with two parents sharing joint legal and joint 50-50 residential custody of a high school-aged child, and contesting whether the child should attend the public high school in the town where the mother resides, or a private high school preferred by the father.

After a five-day trial that took place over five months, the trial court ruled in favor of AGA client father, citing pertinent school relocation factors set forth by the Appellate Division in Levine v. Levine, 322 N.J. Super. 558 (App. Div. 1999) and Asch v. Asch 164 N.J. Super. 499 (App. Div. 1978). The court also took into consideration an interview with the child that was conducted upon a pre-hearing motion by AGA counsel requesting same under the Rules of Court (R. 5:8-6), and the “best interests” standard set forth by the Appellate Division in D.A. v. R.C. 438 N.J. Super. 431 (App. Div. 2014).

The trial court placed its ruling on the record in court on June 26, 2017, and the legal basis for its holding could impact future cases where parents having shared residential custody cannot agree upon a child’s high school enrollment.

 

For questions concerning family law matters, including custody, support, and enforcement issues, please contact Robert H. Siegel, Esq. (rhs@62q.f7d.myftpupload.com).

 

“Exceptional Circumstances” lead to Grandparents gaining sole custody of child

Robert H. Siegel, Esq., recently won a major victory in the Monmouth County Superior Court, Family Division, where the trial court awarded Ansell Grimm & Aaron PC clients – the paternal grandparents of a ten-year-old – sole legal custody of a minor child after a two-day trial that commenced in late August 2016.

The child’s biological mother, residing in New York State, petitioned the court for custody of the child immediately after the child’s biological father transferred custody to the paternal grandparents. The lengthy trial tested the parameters of the New Jersey Supreme Court’s decisions in Watkins v. Nelson, 163 N.J. 235 (2000) and V.C. v. M.J.B., 163 N.J. 200 (2000), as well as the New Jersey Appellate Division’s decision in Zack v. Fiebert, 235 N.J. Super. 424 (App. Div. 1989). The trial court explicitly referenced each of those precedential decisions in its oral ruling, which was placed on the record on January 9, 2017.

The trial court held that the paternal grandparents had met their burden of demonstrating the requisite “exceptional circumstances” to show that they had “stepped into the shoes” of the child’s parents, and were thus “in parity with the natural parent.” Having met each prong of the psychological parent standard, the trial court weighed the best interests of the child, and found that the paternal grandparents should continue to raise the child in New Jersey until she reaches the age of majority.

The ultimate impact of this case may be felt by its potential to encourage more far-reaching requests in grandparent custody cases, as the majority of grandparent-related family court decisions have been restricted to providing grandparents with limited parenting time rather than custody.

For questions concerning family law matters, including custody, support, and enforcement issues, please contact Robert H. Siegel, Esq. by email at rhs@62q.f7d.myftpupload.com or by phone at (732) 922-1000.

 

Attorney Andrea B. White joins Ansell Grimm & Aaron

Andrea WhiteAndrea B. White, Esq., has joined Ansell, Grimm & Aaron, PC’s Matrimonial and Family Law Department as a partner in the firm.

“I’ve known Andrea for more than 20 years and we were very happy when she agreed to join us,” Michael V. Benedetto, managing partner of the firm said. “Her decision to join AGA is exciting on many levels.  Aside from her reputation in the family law field, Andrea was a law clerk at AGA at the start of her legal career.  At that time, Larry Shapiro and I were the other two law clerks.  Larry is now the Co-Chair of our Litigation Department, so this is a bit of a reunion for us, as well as many others that have been at AGA since that time.”

“I was thrilled at the opportunity to join the firm because I think my approach to matrimonial and family law and the philosophy of the firm are a perfect match” Ms. White said. “We have the same commitment to strong advocacy when necessary and amicable settlement when possible.”

Ms. White and the firm’s Matrimonial and Family Law attorneys are prepared to handle your matter through skillful negotiation or mediation, effective drafting of Matrimonial Settlement Agreements, or vigorous pursuit of your interest in a courtroom setting, if an amicable resolution is not possible.

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advice to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s Matrimonial and Family Law practice, please contact Allison Ansell Ryan, at 732. 643.5217, or via email at aar@62q.f7d.myftpupload.com, or Ms. White at 732.643.5257, or via email abw@62q.f7d.myftpupload.com.

 

Siegel joins AGA Matrimonial & Family Law practice

Robert H. Siegel, Esq., has joined Ansell, Grimm & Aaron, PC’s Matrimonial & Family Law Department as an Associate Attorney.

Mr. Siegel and the firm’s Matrimonial & Family Law attorneys handle an array of family law matters including divorce, custody, domestic violence, civil unions, domestic partnerships, the negotiation and drafting of prenuptial agreements, and marital torts. Mr. Siegel will be working out of the Ocean office.

Mr. Siegel has been a family law attorney at two other New Jersey firms prior to joining Ansell Grimm & Aaron, PC and is admitted to the New Jersey and California Bars.  Mr. Siegel graduated from Brandeis University and from the Thomas Jefferson School of Law.

“Robert is a great addition to our already strong matrimonial and family law team,” said Allison Ansell Ryan, Esq., Chair of the Matrimonial & Family Law Department. “We look forward to utilizing Robert’s experience in working with our clients for years to come.”

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advise to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s Matrimonial & Family Law group, contact Allison Ansell Ryan, at 732-643-5217 or aar@62q.f7d.myftpupload.com.  To contact Robert Siegel direct at 732-643-5291 or via email at rhs@62q.f7d.myftpupload.com.

Peers recognize quality work of AGA Attorneys

Four AGA lawyers have been named to the 2016 New Jersey Super Lawyers list and two AGA lawyers have been named to the 2016 New Jersey Rising Stars List.*

The AGA 2016 Super Lawyers are:

  • Allison Ansell Ryan, a partner with the firm and Chair of the AGA Family Law Department, has been named as a Family Law Super Lawyer for the past decade.
  • Mitchell J. Ansell, a partner with the firm and Chair of the AGA Criminal Defense Department, has been named as a Super Lawyer in Criminal Defense for over a decade.
  • Robert A. Honecker, Jr., a partner with the firm and member of the Criminal Defense Department, has been named as a Criminal Defense Super Lawyer numerous times.
  • Mark M. Wiechnik, a partner with the firm and a member of AGA’s Community Association Practice Group, has previously been named a New Jersey Rising Star in Construction Litigation and this year has been named a Super Lawyer in the same practice area.

The AGA 2016 Rising Stars are:

  • Jay B. Feldman, an associate with the firm and a member of AGA’s Litigation and Bankruptcy Departments, has been a Rising Star in the Bankruptcy: Business practice area for two years.
  • Richard B. Linderman, a partner with the firm and a member of AGA’s Community Association Practice Group, has been named a Rising Star for the past seven years in the Real Estate practice area.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Michael V. Benedetto, Managing Partner of AGA, stated, “We are proud of our attorneys who achieved this honor from Super Lawyers. It is a special honor to have received the recognition from peers.”

For more than 85 years, AGA has grown to represent clients throughout the tristate area via offices in Ocean, New Jersey, Woodland Park, New Jersey, White Plains, New York, Princeton, New Jersey, and Newtown, Pennsylvania. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advice to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA, please contact Michael V. Benedetto, Esquire at 732-643-5216 or via email at mvb@62q.f7d.myftpupload.com

 


*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. Any reference to Super Lawyers or Rising Stars is not intended to suggest that our attorneys are superior to other attorneys.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.

Supreme Court strikes down prohibitions on same sex marriage

“Changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations.”

From Justice Anthony M. Kennedy’s majority opinion in OBERGEFELL v. HODGES

In a 5-4 decision the Supreme Court held that the 14th Amendment requires states to license a marriage between people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

“The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs,” Kennedy wrote. “When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.”

Kennedy cited as precedent Loving v. Virginia, in which the court invalidated bans on interracial unions, and Turner v. Safley which held that prisoners could not be denied the right to marry.

Concurring with the opinion delivered by Kennedy were justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. Dissenting opinions were filed by Chief Justice John G Roberts Jr., and justices Antonin Scalia, Clarence Thomas and Samuel Anthony Alito Jr.

A PDF of the opinion can be found on the Supreme Court’s website.

 

The information provided on 62q.f7d.myftpupload.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

 

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