Explaining the role of a custody evaluator in your divorce case

Posted on June 5, 2025 by Sandy Durst

In a divorce case, a custody expert—often called a custody evaluator or child custody expert—plays a crucial role in helping the court determine what custody arrangement is in the best interests of the child. Here’s an overview of their role:

1. Neutral Third-Party Evaluator

Custody experts are appointed by the court or requested by one or both parties to conduct a neutral, professional evaluation of the family situation. Their job is to provide objective information to assist the judge in making decisions about child custody and visitation.

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2. Assessment Responsibilities

The custody expert typically performs a thorough investigation that may include:

  • Interviews with both parents
  • Interviews with the child or children
  • Observation of parent-child interactions
  • Home visits to assess the living conditions
  • Psychological testing (if necessary)
  • Interviews with others involved in the child’s life (e.g., teachers, therapists, relatives)

3. Focus on the Child’s Best Interests

They evaluate a wide range of factors to determine what custody arrangement will best serve the child’s:

  • Emotional and psychological needs
  • Relationship with each parent
  • Stability and safety
  • Educational and social development
  • Wishes (depending on the child’s age and maturity)

4. Report and Testimony

The custody expert typically provides:

  • A written report summarizing findings and recommendations
  • Testimony in court, if required, to explain their conclusions

Their recommendations carry significant weight with the judge, although the judge is not obligated to follow them.

5. Common Titles and Credentials

Custody experts are usually professionals with backgrounds in:

  • Psychology (licensed psychologists)
  • Psychiatry
  • Social work
  • Family therapy

They must have experience in family dynamics, child development, and custody evaluations.

In Summary:

Over the past 25 years, The Durst Firm has worked with a multitude of custody and a parenting time experts on behalf of our clients. We have the skills and experience to select the right expert for your case as well as challenge the findings of an expert your spouse may have retained. A custody expert helps the court make informed, child-centered decisions in contested custody disputes by offering a professional, unbiased analysis of the family situation.

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Tips on selecting your divorce attorney

Posted on May 29, 2025 by Sandy Durst

How to Select a Divorce Attorney: A Practical Guide

Divorce is one of the most emotionally and financially challenging experiences a person can face. Having the right attorney by your side can make a significant difference in how smoothly the process goes and how favorable the outcome is. But how do you choose the right divorce attorney? Here’s a comprehensive guide to help you make an informed decision.

1. Understand Your Needs

Before beginning your search, consider the nature of your divorce:

  • Is it amicable or contested? An uncontested divorce may require less aggressive representation than a high-conflict case.
  • Are there complex issues? If children, significant assets, debts, or business ownership are involved, you may need an attorney with specific experience in those areas.
  • What is your budget? Be realistic about what you can afford. Attorneys’ rates vary widely, and the most expensive isn’t always the best fit.
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2. Do Your Research

Start by compiling a list of potential attorneys:

  • Ask for recommendations from friends, family, or professionals like therapists or accountants.
  • Search online directories such as Avvo, Martindale-Hubbell, or your local bar association for reviews and credentials.
  • Check for specialization in family law or matrimonial law, and whether the attorney focuses primarily on divorce cases. While there are many attorneys who claim to handle divorce cases, you want someone whose practice is dedicated to divorce and family law cases. This area of the law is too complex and the outcomes are too important to you for to place your trust and money with a “jack of all trades, master of none”. At The Durst Firm, we are focused on family law.

3. Evaluate Credentials and Experience

Look for:

  • Years in practice and experience specifically handling divorce cases.
  • Familiarity with local courts and judges, which can impact strategy and expectations.
  • Trial experience, if you suspect your divorce may end up in court.

4. Schedule Consultations

Many attorneys offer free or low-cost initial consultations. Use this opportunity to:

  • Assess compatibility: You’ll need to trust and feel comfortable with your attorney.
  • Ask about their approach: Do they favor mediation or litigation? Are they collaborative or aggressive?
  • Understand communication practices: How quickly do they respond? Will you communicate directly with them or through staff?
  • Get a sense of costs: Understand billing practices, retainer fees, and possible additional charges.

5. Ask the Right Questions

Prepare a list of questions such as:

  • How many divorce cases have you handled?
  • What is your strategy for my case?
  • What are the potential outcomes?
  • What are your fees, and what can I expect in terms of billing?
  • Who else will be working on my case?

6. Watch for Red Flags

Be wary of:

  • Overpromising: No attorney can guarantee a specific outcome.
  • Lack of transparency: Vague answers about fees or strategy are a concern.
  • Poor communication: Delays in responding to your inquiries can be a sign of future problems.
  • Disrespectful attitude: You want someone who respects your perspective and listens to your concerns.

7. Make Your Decision

After meeting with a few candidates, compare your notes. Choose the attorney who:

  • Demonstrates expertise and experience with cases like yours
  • Has a communication style you’re comfortable with
  • Offers a strategy aligned with your goals
  • Fits your budget and provides a clear fee structure

Final Thoughts

Choosing the right divorce attorney isn’t just about legal skills — it’s about finding someone who understands your situation, protects your interests, and guides you through a difficult chapter with clarity and compassion. Take your time, do your homework, and trust your instincts.

A well-chosen attorney can’t erase the pain of divorce, but they can make the process more manageable and ensure you emerge on the other side with a strong foundation for your future.

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Can I change my last name after my divorce?

Posted on May 21, 2025 by Sandy Durst

Changing your surname after a divorce in New Jersey can be a meaningful step toward reclaiming your identity. Whether you’re considering this change during the divorce process or years later, New Jersey law provides clear pathways to make it happen.​

Two Ways to a Name Change After Divorce

  1. Requesting a Name Change During Divorce Proceedings
    The simplest time to change your name is during the divorce itself. You can include a request to resume your maiden or former name in your initial divorce complaint or counterclaim. If you forget to include it initially, you can amend your complaint or make the request during the final hearing. As long as the request isn’t for fraudulent purposes, courts typically grant it without issue .​

Once the court approves your request, the Final Judgment of Divorce will include the name change order. This document serves as legal proof for updating your name with various agencies.​

a woman reading a divorce decree paper
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  1. Changing Your Name After the Divorce Is Finalized
    If you didn’t change your name during the divorce, you can still do so later by filing a post-judgment motion in the same family court that handled your divorce. Under N.J.S.A. 2A:34-21, courts can grant a name change even after the divorce proceedings are over .​

This process is generally more straightforward and less costly than filing a separate civil name change action. You’ll need to complete specific forms, including a “Judgment for Name Change” and a “Judgment for Name Change Addendum,” which includes your Social Security number and date of birth. These forms are available on the New Jersey Courts website .​

Updating Your Identification Documents

After obtaining the court order for your name change, you’ll need to update your identification documents:​

Social Security Card: Apply for a new card using your divorce decree as proof. This service is free.​

Driver’s License: Visit a New Jersey Motor Vehicle Commission (MVC) Licensing Center with your court order and required identification documents.

Passport: Submit a passport application with your name change documentation. Fees may apply depending on your situation.​

person putting a passport on bag
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Other Records: Update your name with banks, employers, insurance providers, and other institutions as needed.​

Changing a Child’s Last Name
Changing your child’s last name requires a separate legal process. You must file a formal name change application in the civil division of the court. Both parents typically need to consent to the change. If one parent objects, the court will decide based on the child’s best interests .​
njfamilylawllc.com

Final Thoughts
Changing your surname after a divorce in New Jersey is a personal decision with legal implications. Whether you choose to do it during the divorce or afterward, understanding the process can help you navigate it smoothly

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Starting Fresh: Moving Out of NJ with Your Child After Divorce

Posted on May 14, 2025 by Sandy Durst

Divorce is never easy, especially when children are involved. On top of the emotional upheaval, there are practical questions to answer—like where you’ll live, how custody will work, and whether a fresh start in a new place might be the right next step. If you’re considering moving out of New Jersey with your child post-divorce, you’re not alone—and there are some important things to know before packing those boxes.

Why People Move After Divorce

A move can offer a clean slate: new surroundings, a different job market, proximity to family or support systems, or simply a more affordable lifestyle. But when you’re a divorced parent in New Jersey, moving out of state with your child isn’t just your decision—it’s also a legal matter.

small truck parked near trees
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The Legal Side: What NJ Law Says

Under New Jersey law, a parent who wants to relocate out of state with a child must either:

  • Get consent from the other parent, or
  • Obtain permission from the court.

This is because moving your child far away can significantly impact their relationship with the other parent.

The court will consider whether the move is in the best interest of the child. That’s the golden phrase. Factors may include:

  • The reason for the move
  • The relationship between the child and each parent
  • Educational opportunities in both locations
  • Any history of domestic violence or abuse
  • The ability to maintain a strong parent-child relationship across state lines

It’s important to note: even if you have sole residential custody, you still need court permission to relocate out of state unless the other parent agrees.

Navigating the Emotional Landscape

Legalities aside, there’s also the emotional toll on you and your child. Moves are stressful for kids, even when the reasons are good. They’re saying goodbye to friends, schools, and familiar routines. Their relationship with the other parent will be impacted. It’s worth remembering that a child’s relationship with a parent may be very different from the quality of your relationship with your former spouse.

Some tips to make the transition smoother:

  • Talk it through: Let your child ask questions and express their feelings. Be honest about what’s happening and why.
  • Stay positive: Frame the move as an adventure and a new beginning.
  • Keep routines steady: Familiarity and structure can provide a sense of safety.
  • Preserve connections: Help your child maintain contact with the other parent, whether through regular visits, calls, or video chats.

How to Prepare

  1. Consult an attorney early on to understand your rights and responsibilities.
  2. Gather documentation that supports your reasons for the move—job offers, school info, cost-of-living comparisons, etc.
  3. Try mediation before heading to court—it can sometimes help reach an agreement without litigation.
  4. Focus on co-parenting: The more respectful and transparent the process, the better for everyone involved.

You’re Not Alone

If you’re standing at the edge of a new chapter, unsure how to step forward, know this: you’re not the first to do it, and you won’t be the last. It’s okay to grieve what you’re leaving behind while also feeling hopeful about what’s ahead.

Moving out of New Jersey after divorce doesn’t mean moving away from your child’s other parent—it means making a choice you believe will lead to a better, healthier future. Just make sure it’s a choice rooted in love, honesty, and the best interests of your child.

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Can Child Support in New Jersey Be Paid Through Wage Garnishment?When it comes to child support in New Jersey, one of the most common questions parents have is whether payments can be made through wage garnishment. The short answer? Yes, absolutely—and in most cases, it’s the default method.

Posted on May 7, 2025 by Sandy Durst

What Is Wage Garnishment?
Wage garnishment is when a portion of an employee’s earnings is automatically withheld by their employer to pay off a debt—in this case, child support. Instead of the paying parent (often called the noncustodial parent) manually sending payments, the money is taken directly from their paycheck and forwarded to the appropriate agency.

How It Works in New Jersey
In New Jersey, wage garnishment for child support is handled through an Income Withholding Order (IWO). Here’s how the process typically works:

Court Order: When a child support order is established or updated, the court usually includes an IWO.

Employer Notification: The IWO is sent to the noncustodial parent’s employer.

Automatic Deductions: The employer deducts the child support amount from the employee’s wages.

Payment Processing: The deducted funds are sent to the New Jersey Family Support Payment Center (NJFSPC), which then distributes the payment to the custodial parent.

This system ensures that child support payments are consistent and traceable, reducing the risk of missed or late payments.

Do All Child Support Orders Include Wage Garnishment?
Yes—unless both parents agree to a different arrangement and the court signs off on it. By default, wage garnishment is included in all new or modified child support orders in New Jersey, even if the paying parent is current on their payments.

What If the Paying Parent Changes Jobs?
The noncustodial parent is responsible for notifying the court and the New Jersey Child Support Program if they change employers. This allows a new IWO to be issued so payments can continue without disruption.

Wage garnishment can apply to various types of income, including:

Regular wages and salaries

Bonuses and commissions

Overtime pay

Unemployment benefits

Workers’ compensation

Final Thoughts
Wage garnishment offers a reliable way to ensure child support is paid on time and in full.

Posted in Durst Firm News | Tagged , , , , | Comments Off on Can Child Support in New Jersey Be Paid Through Wage Garnishment?When it comes to child support in New Jersey, one of the most common questions parents have is whether payments can be made through wage garnishment. The short answer? Yes, absolutely—and in most cases, it’s the default method.