How do I get my child back if we never had custody papers?
Our attorney, Jamie N. Berger, is a Co-Founder of Jacobs Berger, LLC. Jamie practices exclusively in family law and was admitted to the New Jersey bar in 2006 and is a member of the New Jersey State Bar Family Law Section.
In the video, our experienced attorney talks about important information you should know about taking the kids outside the state or the country and your options if you are facing a situation like the one Jaimie describes for us.
Prior to there being any order in the State of New Jersey with respect to custody, both parents are viewed to be on even footing. Neither parent has a greater right to custody or parenting time or visitation with the child than the other. What can happen is a very serious concern when one parent takes a child out of the state or out of the country without the permission of the other parent; that is called parental kidnapping. When you are taking a child away from one parent and not allowing them to see that parent, then it becomes a very serious topic that an experienced family law attorney needs to be employed to deal with because there are all different facets of getting a child back into the state of their home state which is the state that you and the child lived in.
So you want to make sure that you are talking to the appropriate authorities; typically, you are getting the prosecutor involved. There are criminal charges that will likely result from this. So, as a family law practitioner, we can help you with all of those issues because they are incredibly complex, but at the end of the day, what we want to assure is that we get the child back. We want to make sure that we are going into a court and filing that emergent application to make the court aware of what is going on, so we have the best likelihood of getting that child back into your custody because we do not want a situation where you are deprived of parenting time for a significant portion of time, and you do not know where your child is because that is a very serious and scary situation.