Legal Question in Family Law in New Jersey

My son and his girlfriend live together. They have a 3 year old daughter. They are splitting up and my son wants joint custody. What does he need to do first? His daughter has his last name. His girlfriends plans are to keep the apartment they live in and go on welfare after he leaves. The girlfriend does not work, does not have a driver's license and my son basically provides all support for them. If he left and took the child with him would could he be charged with kidnapping. No one has actual custody since they live together. Thank you


Asked on 2/28/11, 1:05 pm

3 Answers from Attorneys

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

They are going to have to go to court and secure an order. It doesn't sound that complicated so therefore, there is no reason not to hire an attorney to make sure that this works out the right way for him. Feel free to call me at 732/773/2768 to discuss.

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Answered on 2/28/11, 1:20 pm
Gary Moore Gary Moore Attorney At Law

If she has the child and goes on welfare, Social Services will pursue him for child support.Taking

the child with him requires preparation. He needs a lawyer for this. He should go to the Family

Part and file for custody the same day that he takes the child.

Call me if you like.

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Answered on 2/28/11, 1:40 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

I agree with the answers from the other attorneys, he needs to consult with an attorney and plan for the separation. He should obtain a court order which gives him joint legal custody, determins who will have primary physical custody, and sets forth a parenting plan (visitation).

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of 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.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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Answered on 2/28/11, 1:50 pm


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