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

Q: I'm a stay at home mom and want to leave my current situation, if I take my child and leave is that kidnapping?

I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum of getting himself help in a week or I'm leaving with the kids..(I've asked NUMEROUS times for him to leave but he refuses) so I'm left with no other options.. my question is, if he doesn't get himself help and I leave, can he call the police on me for kidnapping?? If he doesn't get help and I leave, I will text him to let him know that his son is safe and I will let him video with his son.. I'm by no means trying to keep him from him, however, he's living a lifestyle that i dug myself out of 3 years ago,and refuse to let it continue to affect my children. Is it legal for me to leave with our son who I'm the primary caretaker of???tyia

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND presuming that you are not leaving the state of NJ or moving a significant distance from the current residence, it is not a criminal action BUT he may then ask the court to put in place a parenting time plan for him with his child / the children. So, be prepared to address his claim of not doing drugs and get your proofs in place now while you still have the opportunity to do so. You may also want to consider contacting DCPP and telling them about your concerns and that you are considering moving out but want to put in place a plan for the children's safety ( I dont know how comfortable you are with contacting DCPP, given that you have acknowledged having had drug issues in the past).

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