Selma, AL asked in Family Law and Child Custody for Alabama

Q: My fam in NJ is trying to keep my daughter that’s visiting. I said no, now they’re claiming child abuse. What can I do?

She got there on April 29 to visit for the summer. They kept asking if she can stay for the school year and I said no. Now they are calling me saying she is hurting from physical abuse. When I called to talk to her they wouldn’t let me talk to her alone, and I could hear them coaching her. They are telling her to say that my husband is hitting her.

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Unless and until they get some sort of Order providing otherwise the child belongs in your custody. You can go to NJ and get the child. If they refuse to give you the child you can get an attorney and file a writ to force them to produce the child and unless they get an order otherwise give the child to you. You could also get a writ filed here in Alabama and if it is issued seek to enforce it in NJ. Unfortunately with the child in NJ you are going to have to get someone involved in NJ if you cannot gain physical custody of the child on your own. Again unless they have an Order to the contrary you can simply go to where the child is and take her with you.

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