Elena K. Weitz

Elena K. Weitz

Experienced and dedicated divorce and family law attorney
  • Divorce, Family Law, Domestic Violence...
  • New Jersey, New York
Claimed Lawyer ProfileQ&ASocial Media

Elena K. Weitz, Esq. is a senior associate at Grayson and Associates, focusing her practice on all aspects of family, divorce and post-divorce matters including child support, alimony, custody, and domestic violence, in addition to providing legal services related to general civil litigation, contract, estate and municipal matters. Ms. Weitz has been with Grayson and Associates since 2007. Prior to that, Ms. Weitz practiced for two years at that law office of Bonny G. Rafel, LLC, engaging in the practice of federal law related to ERISA and individual disability benefits.

Ms. Weitz earned a Bachelor’s degree in Sociology and Psychology from Franklin & Marshall college and her Juris Doctor from Seton Hall University School of Law. While at Seton Hall, Ms. Weitz was the recipient of the Seton Hall University School of Law Public Interest Fellowship, and she was chosen to participate in the Courtroom Advocates Project. During law school, Ms. Weitz interned for the Honorable Philip B. Cummis, J.S.C., a now-retired Family Part judge in Essex County, and for the New York Legal Assistance Group (NYLAG), providing services in the family and matrimonial department with a focus on domestic violence matters.

Ms. Weitz is admitted to practice in New Jersey (admitted in 2005) and New York (admitted in 2006), and is a member of the New York Bar Association, New Jersey Bar Association, Essex County Bar Association and Union County Bar Association.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
  • Appeals & Appellate
  • Estate Planning
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New Jersey
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New York
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  • English
Professional Experience
Senior Associate
Grayson and Associates, LLC
Law Offices of Bonny G. Rafel
Seton Hall University School of Law
J.D. (2005)
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Franklin & Marshall College
B.A. | Psychology and Sociology
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Professional Associations
New Jersey Bar Association
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Union County Bar Association
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Women Lawyers of Union County
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New Jersey Volunteer Lawyers for Justice
Provide pro bono services
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Articles & Publications
State v. Duprey
Leingang v. Leingang
Nixon v. Nixon
Domestic Violence Restraining Order Held Improper for Casual Relationship
New Jersey Law Journal
C.K. v. A.P.
Hatcher v. Haddidou
Websites & Blogs
Legal Answers
33 Questions Answered

Q. My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away
A: The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with both parents and extended family. Relocation cases typically involve a plenary hearing which is proceeding similar a trial. You do bring up other issues such as the fact that you (and presumably the child) have been residing in NY for the past year, which may bring up juridsictional issues, but more details would be needed to see if that would be of any benefit to your case. Relocation matters are complicated and I suggest retaining an experienced family law attorney to discuss this matter and determine the right course of action for you.
Q. I have not receive CS for 4 months. What should I do?
A: My question would be whether you went to court on a motion of your own before a Judge or if the probation department held an enforcement hearing with a hearing officer. Depending on the circumstances, I would say file a motion to place him on a one-missed payment status, request a warrant for his arrest, have his license suspended, seek wage garnishment, and many other options. You should consult with an attorney to discuss the details and history of your case and what you can do to obtain payment of child support.
Q. I am the caregiver of my 6 month baby and her father been there but can he bring her for over nite if she is so little?
A: Overnight visitations can take place for a child 6 months old. A verbal agreement is not valid, however. You need to get everything in writing and signed by both parties. The best way to go is to have an attorney write a court order with all the terms you agree on and then both of you sign and it gets sent to the court to be signed by a judge. You can also set down who has legal and residential custody. Please think about seeing an family law attorney to do this. Your verbal agreement won’t hold up if the father decides not to follow it, it must be in writing.
Q. Me and my 6 month old father did a agreement and he wrote it in a letter just saying how much he will give me.how does
A: The visitation schedule is based on many different factors, including what both parents want for visitation, work schedules, school and activity schedules, the best interests if the child, the health and safety of the child, and many other factors. It is possible the father could get 50% of the time but I would need more details to say for sure. You can consult with a family law attorney to discuss with them the details for more definitive advise.
Q. Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?
A: You can either get consent from the mother or file to the court for residential custody. If you need help on doing either you can consult with a family law attorney for assistance.
Q. What is the posibilities that my daughters father get to live with baby every other week.. can judge do that
A: A judge can order a 50/50 parenting time schedule, which is a schedule for equal time between the parents. Do you have any more details that you can provide which you think would effect this kind of schedule?
Q. Divorced - ex police retired at early age thinking he can stop alimony. Left N.j. can I go after pension? arrears?
A: You should take your divorce agreement to an experienced matrimonial law attorney to review his obligations and discuss your rights. He cannot avoid alimony by moving or remarrying and there are various methods of enforcement you can seek to obtain his compliance with the court order. You really should discuss this with an attorney as soon as possible.
Q. I have full custody of 2 of my kids, I have a 6 mo old by another woman and she wants to put me on child support.
A: Yes, you can be ordered to pay child support for any child of yours which is not in your custody. In some circumstances you may receive a "credit" for the fact that you have custody of two other children in the calculations for child support. I suggest consulting with a family law attorney in order to review the facts of your case and to see what can be done to help you.
Q. Can my 15 year old daughter ask to live with her father because she doesn't like my rules?
A: A change in residential custody would require your consent or a court order. To get a change in custody, the father would have to prove that there is a significant change in circumstances which would prompt the change in custody and which would be in the best interests of the child. The child's opinion is one of many factors that the court would consider in determining whether it its in your daughter's best interest to have custody changed. I suggest you have a consultation with an experienced family law attorney to review all of the factors the court will consider and how your case fits into that. If the father does file a motion for custody I strongly urge you to retain an attorney to represent you, as custody matters are legally and procedurally complicated and an attorney will know how to navigate this and represent your interests in the best possible way.
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Contact & Map
33 Bleeker Street
Millburn, NJ 07041
Telephone: (973) 467-4040