Q: I am non custodial parent who wants to take my kids back due to abandonment. He left them with his 2nd ex Wife.
I was told my a lawyer in Texas and one I Jersey that I can just go down there and take them. I am scared to death because I don't want charges brought up against me. But he left in April 2017 and moved out. Left the kids with his ex wife n after their divorce in Jan 2018 my kids still reside with her and it him. I am ready to go get them I'm just worried about the consequences of my actions. He only sees them every other weekend and that's not court mandated. It's just when he is court mandated with his other 2 children with his ex wife. Please any answer to help my nerves would be great.
A:
Thank you for your question. I know how worried you must be about the custody of your children.
The short answer is possibly and you should immediately contact an experienced family law lawyer. In New Jersey, an emergency application called an order to show cause can be filed requiring the immediate return of the children to your sole care and custody. As the biological parent, you have a constitutional right to raise your children and that right that overrides any right of the other parent’s “ex-wife”. In order to ensure the safety of your children and protect your interests, you should immediately consult with an experienced family law lawyer.
I hope this information was helpful to you.
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