Legal Question in Family Law in New Jersey

my son's father and I have joint legal custody of our 3yr old son. The father has residential custody. The court decided this on may 18, 2010. On may 24, 2010 my sons father told me the baby was going to visit grandma in south carolina. He has not returned since. So for 6 weeks I have not seen my son and the father refuses to tell me when he is coming back, and keeps telling me he is visiting with grandma...but I keep telling him its without my permission. Am I allowed to go get my son and bring him back to jersey..or what can family court do for me at this point


Asked on 7/01/10, 1:17 am

2 Answers from Attorneys

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

You should speak with an attorney about filing an Order to Show Cause. Call me at 732/773/2768 to discuss.

Read more
Answered on 7/01/10, 6:43 am
Philip Burnham, Esquire Burnham Law Group, LLC.

You need to immediately file a motion with the Court to have your son returned. I would also make a request to change residential custody. Be advised, the longer you wait the worse it will become and perhaps harder to require him to be returned.

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.

Read more
Answered on 7/01/10, 8:32 am


Related Questions & Answers

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