Legal Question in Family Law in New Jersey

Custody

My sister is married to a guy that treats her horribly. To clarify, he is not violent, but very demeaning and disrespectful to my sister. She has no value in the house. He is a complete loser. I mean that in the whole sense of the word.

My parents and I are at our wits end and we are now at the point where my mom and dad want to go have a sit down with them. My sister lives in North Brunswick, NJ and we are at the point where we would like to take her and their 1.5 yr old son from the house (with her agreement of course). What type of resistance are we looking at here? Do we have any basis for what we want to do? We only want to remove her from the house and give them some time apart to re-evaluate their situations and go from there. We would initially keep my sister and nephew in NJ while this is being sorted out, but if we did want to bring them closer to us (we live in Windsor, Ontario) would we be able to bring them to Windsor without fuss, or would we at least be able to bring them to Detroit to stay for some time while things were sorted out. My sister is a pharmacist so she is more than able to support herself w/ child. What are our options for a peaceful removal from the home and possible moving options?

Thank you.


Asked on 4/16/07, 1:13 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Custody

The problem is that taking the child out of New Jersey permanently would pose a problem. He could file a complaint and force the return of the child.

If he is harassing her or engaging some other unlawful conduct such as threatening bodily harm a domestic violence complaint could be obtained which would restrain him from being around your sister.

Give me a call if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/16/07, 7:35 am


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