Legal Question in Family Law in New Jersey
Custody Across State Lines
My boyfriend has a 5yrold Child, and lives in NY. In Sept. The mother who lives in NJ. Decided that she couldnt care for the child because her mother kicked her out. My boyfriend took the child and enrolled her in school in NY. In Decemeber, the mother wanted to see the child for the first time since she dropped her off, for one night. She left and my boyfriend hasn't seen his child since. How can he go about filling for joiunt custody? Or can he get full Custody being that he lives with his mother and brothers, but so does the mother, she lives with her parents. He has been paying child support religiously since she was born. Please Help.
3 Answers from Attorneys
Re: Custody Across State Lines
You must file a custody complaint with the Family Part of the Superior Court of New Jersey in the county courthouse located in the county where the mother lives.
Gary Moore, Esquire
Hackensack, New Jersey
www/garymooreattorneyatlaw.com
Re: Custody Across State Lines
If you feel that the kid is missing, I suggest you call the police.
I don't practice in NY so there is nothing else I can add to Mr. Moore's response. Of course, you can always ask for full custody and it will be up to the Judge to examine the law to determine if that should be granted.
Re: Custody Across State Lines
You can file for full custody in NY.
Because the child was enrolled in school in NY, a NY court may exercise jurisdiction.
The 'abandonment' of the child makes your case strong, but you imply there was a previous court order.
Is that true?