Newark, NJ asked in Child Custody for New Jersey

Q: Can a parent lose possibility of custody for withholding the child from the mother before a court hearing ?

My sons father moved to another city in New Jersey and has not let me see my son for two months, brought him to me for one night and when he did I noticed bruises on both sides of this thighs. When I gave him back Sunday he then blocked me from all social medias, phone numbers and my family as well. Left to another state now without my son and I don’t know where he is since I gave him back to his father Sunday morning.

Related Topics:
2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Realistically your question calls for speculation that is beyond the scope of this forum. Anything is possible. Significantly more facts are required to provide answers. You really need to retain an experienced matrimonial (family law) attorney to represent you. Good luck.

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

A: I presume that your ex is the one who left for another state with your son? And I presume that he left to move to another state without a court order or written agreement with you permitting him to move to another state with your son? If nothing else, his actions (if done without a court order or written agreement with you) is a clear violation of the law and should be immediately brought to the attention of the court by way of formal application - you cannot simply call or write the judge and tell him that this has occurred.

As to why your ex has refused to permit you access to your son - I am guessing that there is a court order in place giving him primary custody of your son and limitations on your parenting time with him or he filed an application with the court seeking limitations on your relationship with your son. My suggestion is that you need to meet with an experienced family law attorney knowledgeable in custody and parenting time disputes to help educate you on the current status of your matter, what legal recourse is available to you and what the cost of the lawyer's involvement will be. Doing this type of work on your own is a recipe for failure.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.