Legal Question in Family Law in New Jersey

Absent father

My kids father has not had any involvement in his kids life for over 7 years, he lost his visitation 7 years ago for abusing the children he has not paid child support since. I have a Final Restraining Order against him. My now 15 year old daughter has recently fled to his home in another state because I would not give her her way, he has now filed for custody and refuses to return the child will a judge grant him custody?


Asked on 5/11/09, 11:17 am

3 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Absent father

You need to file an emergent application with the Court here in New Jersey to have her returned immediately. If there is a court order in place, you might be able to sign a criminal complaint against him for interefernce with custody.

You cannot dely in filing a response or your own immediate action.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/13/09, 10:30 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Absent father

I'd be a rich lawyer if I could read the mind of a judge. I strongly suggest you get an attorney one way or the other. Call me at 732/247/3340 to discuss.

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Answered on 5/11/09, 11:35 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Absent father

Have you taken any action to have the child returned?

If the biological father lost his rights to visits due to abuse and you have obtained sole custody, he has basically kidnapped the child.

Antoinette M. Wooten, Esq.,

Belleville, NJ

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Answered on 5/11/09, 11:41 am


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