QUESTION

Will i be charged with kidnapping if i keep my child outside my court ordered time frame

Asked on Jul 11th, 2019 on Family Law - New Jersey
More details to this question:
I live in Passaic county New Jersey my son lives in Monmouth County New Jersey with his mom. We have a court where I'm suppose to get him every weekend Saturday morning 7am to 7pm Sunday but she hasn't been following since April She gave my mother to my son for the 4th of July holiday for a few days being that I was out of work I texted her saying I will keep him for a few more days she replied that if I do she will call the cops and say I kidnapped him. I returned him home because I wasn't sure if that was considered kidnapping even though we have joint custody
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your question. If you keep a child outside of a court-ordered timeframe/beyond the parenting time schedule which is embodied in the terms of a court order, you are in breach of the order, and depending upon the circumstances, may be subject to remedies in civil or criminal court. The other party could call the police for a return of the child. The fact that one party may have deviated from the plan at some point does not mean that the plan no longer has to be followed. Only changes to a plan, in writing and incorporated in an agreement made part of a court order can supersede the contents of a prior order. If you would like to explore the possibility of negotiating a Consent Order with your child’s mother to change the plan already in place, or to explore how to file an application with the court amending the prior order to expand your parenting time, please schedule a consult a family law attorney.
Answered on Aug 02nd, 2019 at 5:19 AM

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