Legal Question in Family Law in New Jersey

Divorse pending in court,

I have filed a divorse case against my wife on the basis of incompatibility.Our 2.5 year old is with me at present in the US.Can my retired parents take her with them to India without any harm from my wife?She has willingly given the child to me saying that at present she is under therapy for mental instab and financial crunch.


Asked on 8/09/07, 11:46 am

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Divorse pending in court,

I suggest you file a motion with the court to take the child out of the country. Otherwise, she can turn around and say that this conversation never happened or that she was too mentally unstable to understand what was going on.

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Answered on 8/09/07, 11:59 am
Robert Davies The Davies Law Firm, P.A.

Re: Divorse pending in court,

I have read what the other attorney said. With an unstable wife, and wanting to take a young child out of the US, you really do want a Judge to give you permission.

This is something that an attorney can really be useful for.

You have another problem: with a small child and an unstable wife, she may be able to get alimony, or otherwise cause you some very serious problems. A lawyer can advise you and maybe avoid some of those problems.

Get some solid advice from a divorce attorney!

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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 8/09/07, 12:09 pm


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