Legal Question in Family Law in New Jersey

Flight Risk/Juridisction challenge

I filed for divorce in NJ on basis of extreme cruelty. Ours is a 4 years of marriage with a 6 month old child. Both of us have been in NJ for 4+ years. We are green card holders. After I filed for divorce she counter filed but also filed criminal cases against me in India. Now she wants to go to India to substantiate her case. I have a court order preventing her from removing our child from NJ. But she can go to India. In US court she has said that she has all plans to get US citizenship and stay here. In Indian court she is asking for a house in India to stay there! She is also asking for maintenance in Indian court..

Can I somehow prevent her form leaving NJ Juridisction till teh divorce is setteled? Does her lying(contradictory statements to NJ and Indian court) and the fact that she filed case in India indicates that she is indirectly challenging NJ juridisction?


Asked on 12/06/06, 3:48 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Flight Risk/Juridisction challenge

You can demand that the child's passport be surrendered to your attorney. If you filed first in New Jersey you can file a motion with the Court here requesting an order requiring her to

dismiss the action in India for maintenance and a house.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 12/06/06, 5:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey