Q: Can I file for emergency custody in New Jersey if my child is a resident of Missouri?
My childs mother lives in Missouri and I live in New Jersey. We both have joint legal and joint physical custody but her address is for education purposes. She gave me temporary custody due to the fact that she is on drugs and is living in a bad place and can not take care of him. when i picked him up he was malnourished. He has been with me and going to school for almost 2 months now. He is suppose to stay with me until June or until she is fit.
My son is nauseously ill because she wants to take him back. Is there anything I can do?
A:
Hello and thanks for your question. I'm sorry you and your child are going through this very difficult situation. I strongly suggest you go and talk with a family law attorney because more details about your family and your existing court orders is necessary in order to give you specific advice.
Generally speaking, a court in New Jersey can take emergency jurisdiction if the child needs immediate protection from threatened or actual mistreatment or abuse. This certainly may be the case for you. You indicate that the mother has given you temporary custody: is that official? Was it through a court order? From what state? And, more information is needed about your having joint legal and physical custody which could certainly effect jurisdiction as well as your rights and obligations under any existing court order.
Of course, do not give out too much personal information, here. Bring all court orders with you to your consultation so that the attorney that you meet with can review in detail all circumstances surrounding your family. Many firms, like ours, offer free consultations. Best of luck to you. Regards, Bari
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