Legal Question in Family Law in New Jersey

Kidnapping or Abandonment?

Husband has 2 sons by ex & had resid. custody in NJ.She took him to court again 2 1/2 yrs ago & moved from NJ after the 1st hearing.We tried to get a copy of the original order giving my husband resid. custody & were told that since the issue went to court again but was not settled the orignal order has been thrown out.His ex moved over 2 yrs ago w/o giving anyone her address.We got it 6 mos later via the return address on a package she mailed to a relative.She moved to FL.She has had the toll-free # of our office,but never called up to then.For 2 yrs she has not contacted the boys-she has no phone being on SSI & no job.The youngest won't write to her. The oldest says he wants to think about it.1 mo after she left we moved to PA to be closer to our jobs allowing for promotions & raises.She says that she is going to sue us for kidnapping & we cant "get her" for abandonment.Can we be sued for kidnapping?She has never provided support & 1st left the house in 95.


Asked on 4/14/00, 10:31 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Kidnapping or Abandonment?

You are getting hung up on what this woman says, instead of focusing on what she does. She has clearly indicated her disinterest in her children. Accordingly, why worry about what she says. Can she sue you for kidnapping? Perhaps. Will she win? Based on the information that you have provided, it is unlikely. In my view, her most likely action is inaction. If she does anything, react then. In the meantime, just be the best parents you can to your children and everything else will fall in place. If she does do anything, immediately contact an attorney. If you want me to assist you, call me at 856-546-8010. Mention LawGuru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 4/25/00, 7:09 am


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