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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My daughter and her husband ( He was just discharged from Marines

Customer Question

My daughter and her husband ( He was just discharged from Marines in June) he moved her back to his family in ohio. She just gave birth I saw the house they are living (with his parents) in it is a dump full of mold, dirt etc. I am concerened for the welfare of my daughter and newborn Grandson. She states that this is not what she signed up for but he sees nothing wrong with the living conditions as he was brought up that way. I do not believe that she could notify him that she was moving and leave the county that they live in due to his grandmothers involvment with local politics etc. What are the repercussions if she picks up and comes home to me in NJ with out telling him until after she is gone. She loves her husband but can't raise their child in those conditions. Holes in the floors gaps in the walls truly disgusting
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 6 years ago.
Chat Conversation Started
Lawyer Lori :

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.

JACUSTOMER-kpph8q7a- :

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.

Lawyer Lori :

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.

Lawyer Lori :

Hope this helps. Please accept my answer and then we can continue this conversation with any followup questions you may have.

Lawyer Lori :

How old is the baby?

JACUSTOMER-kpph8q7a- :

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

Lawyer Lori :

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.\

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