My daughter in law lives in Johnsonburg, New Jersey with her so called boy friend. They have a 3 year old daughter out of wedlock. The boy friend is abusing my daughter in law, getting drunk and hitting her. He says he is going to leave and take their daughter with him. He has a previous criminal record having spent time incarcerated for a year in Greely, Colorado. He works full time and she works part time. She wants to keep their daughter but he says "no". With this little info, what would you advise her to do?I would gladly bring her here to live with her mother and I if she could bring her daughter with no legal drawbacks.Thanks
State/Country relating to question: New Jersey
based on the circumstances, she really does need to get away from him. Collect any evidence that may be available that the abuse is taking place; photos, witness statements (talk to the neighbors), anything that might be out there to substantiate the claims. Get a protective order (commonly called a "domestic violence restraining order") against him to keep him away from the mother and the child; this will take care of the custody situation in the short-run. Simultaneously file for full physical and legal custody of the child through a petition for child custody. She would also do well to consider filing for an order of child support, especially if they are both working and he earns more than her. All of forms needed can be retrieved from the clerk's window at the local courthouse, and oftentimes directly from the court's website.
He does not have the right to abuse your daughter-in-law, he does not have the right to hit her, he does not have the right to deprive your daughter-in-law of contact with the child in the absence of a court order. She and her daughter can move in with you, but it is typically best to file for custody first.
Let me know if I may be of further assistance. Thank you.
Attorney experienced in all aspects of family law
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