New Jersey Parental Child Abduction Lawyer
It can be common for a highly contentious divorce to end with shared animosity between the two parties. One ex-spouse in particular may be dissatisfied with the terms of the final agreement, such as the child custody contract. Occasionally, a parent could act drastically to deprive their ex-spouse of time with their child, even if that means taking their child unlawfully through abduction.
If your ex-spouse has unlawfully removed your child from your care, or you are afraid they may do so in the near future, you should enlist the help of a qualified legal professional. A New Jersey parental child abduction lawyer could assess your situation and help you maintain your child’s safety.
What Qualifies as Parental Child Abduction?
Parental child abduction is defined as a parent either removing their child from the state without permission of the other parent or court order or unlawfully withholding that child from the other party and not revealing the child’s location.
The length of the abduction does not determine the charge, but rather the process of what occurs when the child is removed.
If the child is removed from the state or withheld from the other party, the first course of action would be to file an application in the court seeking immediate return. If the parent is ordered to return the child by a certain date and does not comply, that would be considered child abduction. If they ignore the court order and fail to return, the party should report the kidnapping to the police.
If the abducting parent continues to ignore instructions to return the child after being given multiple opportunities, the state can bring charges against them. A local family lawyer could fully explain the process of formally charging the other parent with abduction.
Reasons for Parental Child Abduction
There are several circumstances that may lead a parent to take extreme measures to see their child. A parent may resort to kidnapping because they want to relocate out of state, and they take it upon themselves to bring their child with them without the permission of the other parent or the court.
Parental child abduction may also arise out of spite, if a divorce or separation ended badly and one parent wishes to get back at the other, by taking their child away from them. This situation can also occur because a parent is trying to protect themselves and their child from an abusive relationship, though child abduction even under those circumstances is not lawful. A knowledgeable attorney in the area could analyze the specific circumstances of a parent’s situation when putting together a case.
Role of a New Jersey Parental Child Abduction Lawyer
A skilled lawyer familiar with these situations will know what steps to take immediately if your child has been abducted. A New Jersey parental child abduction lawyer could guide you through the process of your case, starting with filing an application, and take quick action to promote and secure the return of your child.
Contacting a legal advocate as soon as possible after you realize your ex-spouse has taken your child could make a significant difference in your attempts to get your child back. Call today to schedule a consultation and learn more about your next steps.