If you share a joint custody arrangement with your former spouse, you have equal right to remain informed on your child’s whereabouts at all times, even if they are not under your direct physical care at the time. This is why you may be astounded and panicked to learn that your ex has decided to embark on a major move and has already relocated your kid outside the state of New Jersey. If you can relate to this, please read on to discover what should happen when your ex takes your kid out of state without your permission and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can help you get your child back to where they are meant to be.
When does my ex need my permission to move my kid out of state?
Before you completely become hysterical, you should review your existing child custody order to see the relevant terms and conditions for travel and moving. But generally speaking, your ex cannot take a trip, especially an international one, with your kid without effectively communicating the travel details and getting your informed consent first, or sometimes even before a court order. This applies tenfold when it comes to your ex planning to relocate your kid’s residence outside the state of New Jersey. For a move, a verbal agreement may not suffice, and the only excuse for packing up and moving out hastily is if your child is in imminent danger. Otherwise, the court may only authorize such a move if it deems it to be in your child’s best interest.
What happens if my ex takes my kid out of state without my permission?
If you find out after the fact that your ex has taken your kid across state lines without your explicit consent or court permission, the first thing you may do is notify your local law enforcement. They may be able to track down your kid and ensure their safety and well-being. But you still may believe this move has put your child in a vulnerable position. If so, you may file for a temporary emergency custody order with the New Jersey family court that initially handled your divorce case. You may want these temporary rights while your other legal action against your ex is ongoing. That is, if you accuse them of parental kidnapping, in which your ex intentionally concealed your kid and their whereabouts from you.
If found guilty, a first-degree felony parental kidnapping charge may come with 15 to 30 years of imprisonment. This may be lessened to a second-degree offense if your ex returned your kid safely before this claim was made, which reduces a potential prison sentence to five to 10 years. Although, aggravated circumstances, such as if your kid is younger than 16 or your ex was a perpetrator of abuse or violence, may enhance their sentence to 25 years to life. This is, of course, on top of compromising their child custody rights indefinitely.
As soon as you find yourself in potential legal trouble, you must retain representation and advisement from a competent Bergen County family law attorney from McNerney & McAuliffe. You should not have to put up this fight alone; we are here to help you.