Legal Question in Family Law in New Jersey
seperation
I'm planning to leave my husband of 14 yrs. due to emotional distress. I will be taking our 2 children 12&7 out of the state to be near family support.How can I do this w/o being charged for kidnapping?
3 Answers from Attorneys
Re: seperation
Please, please, please, GO SEE A DIVORCE LAWYER BEFORE YOU DO ANYTHING!
A good lawyer can explain your options, can explain what will happen and what is likely to happen. You need to know what the results of your actions will be before you face kidnapping charges, or some other horror.
And a smart lawyer will figure out how to make it work out so that you can afford to hire and pay that lawyer.
Now, dont take this wrong, but let me summarize:
you are about to start or are in the middle of a divorce. You have to deal with it very soon.
you have kids. you want to take them out of state. child support and college tuition needs to be paid. measured in tens of thousand of dollars.
you probably have a house, and maybe some money saved. you might have a pension plan.
and you want to do this without an attorney's advice.
Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.
Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.
Go hire a lawyer, and figure out what you want to do.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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.
Re: seperation
It all depends. If you are only going thirty miles into New York State to stay with your family you will not be truly denying visitation. If you are going to Texas that is a different matter.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: seperation
You need to file a motion with the court. However, since you plan on getting a divorce, it should just be part of the overall divorce.
I agree with Mr. Davies. You should speak to an attorney. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.