the mother has another child who is 10 years old who is on medication and has a history of violent behavior. Last week he got very violent and now the child has been hospitalized for attacking the mother and my boyfriend's 5 year old son with a knife trying to kill them. The mother resides in New Jersey and my boyfriend and I reside in New York. The mother did not tell my boyfriend what happened. She threatened my boyfriend's son not to tell his father but when he came to stay with us this weekend he told us anyway. I have it all on recording. She's been lying to My boyfriend about where her other so is. the child is supposed to come out of the hospital at the end of the week and we both fear for my boyfriend sons life my boyfriend wants to see custody what do we do
Wow there is a lot going on here and the facts sounds very scarey. From what you describe, it sounds like you need to contact an experienced family law attorney immediately. there are several issues here. the first is that if your boyfriend's son is in danger residing with his mom and her 10 year old, then your boyfriend should file an emergency motion for temporary custody. The motion is called an Order to Show cause and it requires a showing of irreparable harm. meaning you will have to prove to the court that if the child is not permitted to stay with dad for now, he could suffer irreparable harm by going back to his mother's. The court should grant the relief but you will have to return to court for the mother to be able to defend why she should maintain custody of the child. If you are seeking custody, not only are you asking the court to allow your boyfriend to be the custodial parent but you are also requesting a relocation of a child out of the state of new jersey. This issues are all very complex. i suggest you speak with a family law attorney who will offer you a free consultation and who can give you a full assessment based on all of the facts.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
Your boyfriend needs to retain a local seasoned family attorney in the jurisdiction of the Order and get to court as soon as possible.
You BF needs to discuss these facts with an experienced family attorney who can assist him in obtaining temporary custody of his son on a temporary basis to protect him while the rest of what is going on in the child's mother's house can be sorted out and the best permanent arrangement for his son can be determined. He will need to make application in the state where the custody order was entered to modify it temporarily initially. If there is any way to verify what the 5 year old has reported, you and he should do that first, to avoid any exaggeration or over-reaction that could cause the court to question anything else your BF says. This sounds like an urgent and serious situation. You don't need legal counsel to file an order to show cause, but you are more likely to obtain the outcome you are seeking if legal counsel is involved.
These issues should definitely be addressed with a family law attorney. As my colleagues have pointed out, there are several potential issues at play, one of which may be the need to file an emergent application for temporary custody. An emergent application should not be undertaken without an attorney. It can be a very tedious process. Talk to your boyfriend about scheduling a consulation with an attorney as soon as possible. These issues should not be ignored.
I agree with Bari that these are very scary facts and that you should contact an experienced Family Lawyer to discuss your options. The safety of your boyfriend's son is paramount and with facts such as these if you went to Court , the Court will address these issues.
If the child is being abused by the mother, the father can go to court and ask for custody based on the allegation. It is not a simple process, however. The best thing is to consult an attorney experienced in this type of law .
In New Jersey, if a person knows a child is being endangered or is in imminent risk of harm from the actions of his or her parent, there is a duty to report. The Division will investigate the alleged abuse.
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