Union City, NJ asked in Criminal Law, Family Law and Child Custody for New Jersey

Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a video of what she was watching. The judge has done nothing.

2 Lawyer Answers
John Michael Frick
John Michael Frick

A: The judge in a custody case is the wrong person to be discussing this matter with.

You need to communicate exclusively with the detective assigned to investigate the criminal complaint.

Don’t even bring the subject up in the custody case or the perpetrator will be able to use discovery in the custody case to determine what evidence there is which will make it much easier to defend the criminal charges.

If and after he is convicted in the criminal case, you can then use that conduct effectively in your custody case.

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

A: If I understand your inquiry correctly, you have filed an application with the family court seeking physical custody of your niece and presumably, the other party in the family court matter is the child's biological father.

I am not sure if there is a parallel investigation taking place by the municipal or county prosecutor's office of your NJSA 2c:34-3 claims but you probably should sit down with a family law attorney with trial experience to help guide you. Politely, there are different legal standards applicable to a criminal investigation and an application for change in physical custody in a family court matter (and whether the nature of your relationship with your niece places you in a position akin to a parent for purposes of the court's inquiry).

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