Q: I live in NJ with my children I need to give my sister temp custody but she lives in Oklahoma. What can I do?

A: I'm so sorry you are going through this difficult time, but applaud you for your brave attempt to get better. You are right to begin to plan for your children while you will be away so that you know they will be cared for by a loving family member. I do, however, urge you to be cautious here. New Jersey is the home state of your children, has jurisdiction over them and, therefore, would make any decisions about them. Sending them out of state without the permission of the courts or the permission of their father, may backfire and a risk you may not want to take.

To answer you appropriately, I would need some further information from you. Of course, I do not want you to give too much personal information in this open forum, but some questions that would need to be answered would be whether or not there is an existing order for custody, if there is any parenting time for their father, the ages of the children, how long you will be away, etc. No matter what, the court will look at what is in your children's best interests, when making any decisions regarding them. Your plan of action to ensure that you and your children are protected may be to get a specific order from a judge that allows the transfer of custody to their aunt.

I strongly suggest that you speak with a family law attorney in your area for a free consultation, to get some specific guidance and to give you the confidence to know that you are making the correct decision in the eyes of the law. We have offices throughout New Jersey or, look for another local attorney with whom you feel comfortable. Many offer free consults.

Best of luck on your journey to health and happiness. I hope we can help you now or in the future. Regards, Bari