Newark, NJ asked in Child Custody and Family Law for New Jersey

Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.

I called, texted and she does not answered.

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: First report it to the police. Second, retain an experienced matrimonial attorney to go over this situation with you and formulate a course of action to resolve the situation. Good luck.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: What a scary situation and I sincerely hope that you have since located your child! Please know that your child's mother is not permitted to take your child and leave New Jersey without your permission or the permission of a judge. That is the law and she could even be subject to kidnapping charges if she does not return your child back to New Jersey.

This is an emergency situation and you should absolutely call your local police and file a police report so there is a record of you reaching out to law enforcement. As far as the family court goes, you should consider filing an order to show cause, which is an emergency action heard by the judge that day. Orders to show cause can be a little bit complicated so I would suggest that you have at least a consultation with an experienced family law attorney in your area so that you can get specific guidance on how to move forward with the order to show cause. Once that happens, you should discuss ways to put safeguards in place so this does not happen again.

We have offices throughout New Jersey, but many family law attorneys also offer free consultations. I wish you the best of luck in locating your child.

1 user found this answer helpful

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