Family Law Questions? Ask a Family Lawyer Online.
Absent an order from any court, your daughter has the right to take her child and visit you without her husband's permission. The same goes for him, he has the right to have the child with him. So, if she takes the baby and goes to NJ she is not breaking any laws and if he calls the police to get the baby back, the police in NJ will not take the baby from her. However, should her husband go to court in Ohio he can seek temporary custody of the child.
an she file for temporary custody in NJ. I know that to file for divorce in NJ you must live here for a year. I have pictures of the place they are living and can't believe that any judge would willingly let a child go back to that environment. She would most likely need to get some type of public assistance after she moved here if only temporarily till she got on her feet.
Her best bet would be to get temporary custody from the Ohio court and then take the baby. If the Ohio court orders that he be given custody, the NJ police will enforce it. If your daughter comes to you, and depending on the child's age, she may be able to file for temporary custody in NJ.
Hope this helps. Please accept my answer and then we can continue this conversation with any followup questions you may have.
How old is the baby?
He was just born last week. She did not want me to see how she was living so I had not been up there until the baby was born
Good, the younger the better in this case. She will be able to file for custody in NJ under the vacuum jurisdiction of the Uniform Child Custody and Jurisdiction Act - which usually requires the child be in the state for 6 months. But she would have to file prior to her husband filing for custody in Ohio. She may want to come for a visit with the baby and then file for custody in NJ.\
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).