Legal Question in Family Law in New Jersey

Re: International Child Custody

You could attempt to seek a temporary restraining order from the local court, asking the court to issue an order prohibiting your ex-wife or the child's grandparents from taking the child out of the country until the issues of custody and visitation can be resolved, or at least until some arrangement can be made to ensure the child will be brought back to the U.S. to resolve the issue.

This may be difficult, in that the validity of the Indian divorce is unknown, as is the child's current immigration and citizenship status. You do not say whether your child was born in the U.S., has U.S. citizenship, etc.

If you do want to take action, you definitely need to retain an attorney immediately. Please contact me if you would like to discuss this.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: International Child Custody

Your wife apparently left the country with your son without the benefit of a court order or your consent thereby denying you of the custody of and/or visitation with your child. She then obtain an ex parte divorce giving her custody of

your child. You could start a custody matter here and attempt to gain temporary custody of your child, ex parte, pending a hearing which your wife would have to attend. I think.

I do not believe that India is a subscriber to the

Hague Convention, a treaty governing the disposition of civl claims between parties in different countries. I would have to investigate this question and do some research.

Call me for an appointment.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com