Author Archives: jefhenninger
Pennsylvania Parental Alienation Lawyers
Pennsylvania wasn’t always the easiest place to argue parental alienation. However, the 2015 case of W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. 2015) recognizes that parental alienation is a serious issues and when proven, can be a basis to change custody. In addition, the court is not required to give weighted consideration to the other parent’s historical role as the child’s primary caretaker when considering the statutory factors to determine which parent should get custody. This is huge because the alienating parent often has an advantage of being the primary caretaker for so long.
Of course, W.C.F. does not make things easy, just easier. You still need a good plan and an aggressive attorney to fight your case. Each judge is different and you never know who is going to decide your case. You always have to assume that you have a uphill battle. Prove everything five different ways if you can.
If you are the victim of parental alienation in Pennsylvania, call our team of tough, smart attorneys at 1-855-9-JEFLAW to discuss your case. Or you can visit our parental alienation website at http://fightparentalalienation.com
New York Parental Alienation Lawyers
There are a number of ways to combat parental alienation in New York. One of them is to cut off child support to the other parent. New York requires that a parent support a child until age 21 pursuant to Family Ct Act § 413  [a]. However, if you can prove that your right of reasonable access to the child has been unjustifiably frustrated by the custodial parent, child support payments can be suspended. Helpful cases include Matter of Crouse v Crouse, 53 AD3d 750, 751 ; Matter of Dobies v Brefka, 83 AD3d 1148, 1152  and Usack v Usack, 17 AD3d 736, 737-738 ). To win your case, you are required to show that the other parent intentionally orchestrated and encouraged the estrangement of you from the children or that they actively interfered with or deliberately frustrated your visitation rights. Matter of Crouse v Crouse, 53 AD3d at 752, quoting Usack v Usack, 17 AD3d at 739.
Of course, there are many other ways to fight back against parental alienation. To discuss all of your rights and options, call our team of tough, smart New York attorneys at 1-855-9-JEFLAW or visit our parental alienation website
Fare Evasion Charges 32:1-146.8
A charge of fare evasion for a violation often surprises many people because it can lead to jail time. Specifically, subsection 4 of this regulation states:
(4) No person not authorized by PATH shall be permitted in or upon any car or other rolling stock or station or platform or parking facility within the Hudson Tubes or Hudson Tubes extensions, except upon payment in full of such fares, fees and other charges as may from time to time be prescribed by PATH. No person shall refuse to pay or evade or attempt to evade the payment in full of such fares, fees and other charges.
Thus, if you sneak onto a PATH train or otherwise evade any other PATH fare, you are in violation of this statute. These violations are often seen in Newark, Jersey City and Hoboken. Pursuant to 32:1-146.9, violators are subject to jail time up to 30 days in jail. While this may seem serious, not paying for a fare is similar to theft which would subject you to six months in jail.
If you are facing a charge for fare evasion for violating 32:1-146.8 in any court in New Jersey, call our team of tough, smart attorneys 24/7 at 1-855-9-JEFLAW.
Parental Alienation in New Jersey
Parental Alienation Syndrome in New Jersey is not recognized as admissible. However, there is no case that we are aware of that indicates that it is inadmissible. In other words, its an open question.
Consider the case of M.A. v. A.I. a 2014 unpublished case which stated:
At the time of trial, PAS was not a recognized syndrome in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), and it is not a recognized syndrome in the new fifth edition. The Supreme Court and this court have not yet determined that PAS is a scientifically reliable or generally accepted theory. The admission of novel scientific material like PAS must meet the test established in Frye, supra, 293 F. at 1014, that is, that the opinions are “generally accepted, within the relevant scientific community.” State v. Henderson, 208 N.J. 208, 248 (2011); State v. Chun, 194 N.J. 54, 91, cert. denied, 555 U.S. 825, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008); State v. Harvey, 151 N.J. 117, 169-70 (1997), cert. denied, 528 U.S. 1085, 120 S. Ct. 811, 145 L. Ed. 2d 683 (2000).
Neither the scientific reliability nor general acceptance of PAS was established in this case, by either the testimony of any expert or the literature. Indeed, the theory is still the subject of considerable controversy within the medical and legal communities and should not have played a part in the court’s ruling. We express no opinion on whether evidence of PAS may ever be properly admitted. We note only that, in this case, a proper foundation for its admission was not established.
Instead of trying to fight such an uphill battle, our team of parental alienation lawyers often suggest that the focus should be on the behavior and not the label. Clearly, a parent engaging in alienation is not a fit parent and subjecting a child to that behavior is not in the child’s best interest. Remember that parental alienation is the behavior and parental alienation syndrome is the effect is has on the child. That’s why our lawyers focus on proving the behavior and then arguing to the Court that custody should be changed as a result.
If you are battling a parental alienation case in New Jersey, call our team of tough, smart attorneys at 1-855-9-JEFLAW or visit our parental alienation website at http://fightparentalalienation.com
DYFUS is actually correctly spelled DYFS and to make things further complicated, their technical name is now DCPP which stands for the Division of Child Protection and Permanency. Of course, it doesn’t matter what you call them. If they are in your life, they have the power to take your children and put them in foster care. If you don’t get them back, your parental rights will be terminated.
The best way to fight DYFS is to fight back hard and fast. Our team of tough, aggressive attorneys will jump on your case right away and fight for you. Call us at 1-855-9-JEFLAW anytime to discuss your case. Whether you call them DYFUS, DYFS or DCPP, we’ll protect you!
DYFS Investigation Process
The DYFS (not known as DCPP) investigation process is chaotic at best. That is, there is no one specific process that they will use to investigate you. Most investigations start with a visit to your house by a case worker. However, sometimes you may hear that DYFS will be coming to your house beforehand. When they show up, they will ask a number of questions. They may also get you to sign various documents. Some of them may be releases so they can get information from your medical providers.
After they leave, they will work to gather documents from various places. They may also talk to neighbors, your child’s school and anyone else that may have information. Where the case goes from there is anyone’s guess. The most common complaint we here is that DYFS requests one service, then another and then another. It never seems to end.
There is also no real time limit. The Internet is filled with posts talking about 60 days. You have to get this out of your mind. They can and quite often do take longer than 60 days. In fact, we’ve talked to clients that have had cases open for years!
Regardless of what the case worker has done or what they may be planning to do, handling this investigation process by yourself may be a huge mistake. Our team of tough, smart attorneys can help you make DYFS go away and get out of your life. Call us at 1-855-9-JEFLAW to discuss your case anytime.
Danielle’s Law Violation Defense
The first time most people hear about Danielle’s Law is when they are accused of violating it. In New Jersey, this law requires staff working with people that have developmental disabilities or traumatic brain injuries to call 911 in the event of a life-threatening emergency. What exactly is a “life-threatening. emergency”, who should have called 911 and if calling 911 was better than the care that the staff member rendered are common issues that come up in Danielle’s law investigations.
If you are found to have violated Danielle’s law, you will be subject to a fine by the State of New Jersey. You may also be subject to additional civil and criminal problems. Keep in mind that anything you say or do can be used against you. Therefore, before you talk to anyone, call our team of tough, smart attorneys right away at 1-855-9-JEFLAW. Our attorneys have handled these case and we know how to defend them.
Soliciting Prostitution has become a common offense in Newark with the new quality of life crackdown. Newark is also the most populous city in New Jersey so prostitution and other crimes are frequent. This offense is a crime and if convicted, you will not only have a criminal record but you could be facing jail time.
Our team of tough, smart lawyers Newark criminal defense lawyers will fight for you in municipal court and Essex County Superior Court. We know how to defend these case and what it takes to get the job done. Call us at 1-855-9-JEFLAW to discuss your case anytime.
Charged with Promoting Gambling in Bergen County?
If you are charged with promoting gambling (or conspiracy to promote gambling) in Bergen County, chances are that you are facing fourth degree felony charges. While there is also a disorderly person’s offense charge of promoting gambling, a prosecution for same would like be rare. In New Jersey, a conviction for a fourth degree felony could be devastating. Not only would you have a felony criminal record which could destroy your career, but you could also be looking at incarceration. Fourth degree felony charges for promoting gambling carry up to 18 months in prison.
If you or someone you know is charged with promoting gambling in Bergen County or anywhere else in New Jersey, call us 24 hours a day, any day at 1-855-9-JEFLAW. Our offices are easy to reach from anywhere in Bergen County and our consultations are free.