Asked in Child Custody and Family Law for New Jersey

Q: How do I file for interference with custody? Parental alienation

My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.

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2 Lawyer Answers
Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state move impacted your ability to spend time with your child, you may also request the court grant make up visits for the time lost. It is important that you act quickly to enforce your custodial rights in NJ and I strongly urge you to schedule an attorney consultation.

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

A: If your ex moved out of state with your child without your permission and without a court order permitting the move to take place, you have recourse through the court system for relief, but it is critical that you move quickly. This is also not the type of application that you should file with the court on your own. For you, the goal is to be able to promptly reestablish your role in your child's life and if the application is filed wrong, the result can dramatically impact your contact with your child moving forward.

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