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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2449
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Wife custodial parent. Going to leave country to go to

Customer Question

Wife custodial parent. Going to leave country to go to Ireland to spend three mounts with Irish boyfriend. Leave son home. Wants x husband to watch child. Husband wants to now law. Can someone just leave for three months and leave the child?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

Are you saying the ex husband now want to get custody of the child?

Expert:  FamilyAttorney replied 1 year ago.

If the ex wants custody, he may have a case for custody because the court would not like the fact that the mom took off for 3 months with the bf. The court will say that the mother put the boyfriend before the child, and in the court's eyes, the child has to come first. If that's the case, the ex-husband will have a chance to get custody. It's not that the mother abandoned the child, because abandonment is leaving the child with the intention of not returning to the child. However, the court will not like that the mother just took off and left for three months with her bf. The good thing is that at least she allowed the child to be with his father, so she wasn't irresponsible by leaving the child with just anyone. However, if the father wanted to try to modify custody, he may be able to do so because the judge would not view that favorably towards the mother.

There's no guarantee of course, but it's possible that a court would modify custody in this situation.

Does that answer your question? If I misinterpreted your question, can you please rephrase it and clarify it?

Customer: replied 1 year ago.
No. I know child won't be taker out of country without of other parent. Is there not a law that puts a limit on how long you can just up and leave your child to leave the country.
Expert:  FamilyAttorney replied 1 year ago.

What state is this in?

The state that it's in will probably have a limit in its family laws.

Customer: replied 1 year ago.
Again, the husband is not asking for that. Is there any limit or portection or can she just go whenever for as long as she wants. The child is 13 and feel deserted.
Expert:  FamilyAttorney replied 1 year ago.

It depends on the state. I'm going to opt out and let another expert handle this. Thanks.

Customer: replied 1 year ago.
The state of New Jersey
Expert:  S. Kincaid replied 1 year ago.

As long as she leaves the child with a responsibly person, she is not restrained from doing so. You could ask for a court order preventing her from doing so, but if you're not seeking custody, the court may give her more leeway.

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