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Why do I have to file for residential custody when we have temporary joint-custody of the child?

Newark, NJ |

My brother-in-law wanted to take our child to Alaska for a visit but he needed to file for temporary joint custody so that he could travel with the child. As it stands, my husband and I share temporary joint custody of our child. The duration is up to our discretion. The child has been in Alaska for a little over 2 months now. Why was I told that we have to file for residential custody before we could take him back? I was also told that if we took him now without filing for residential custody, it could be considered as kidnapping. Is this true? It doesn't make sense to me.

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Attorney answers 2

Best Answer

Something is, well, very fishy here. Your brother-in-law "needed to file for temporary joint custody so that he could travel with the child"?? Huh? That's simply not true. Did you give him custody? If you did, then, it could indeed be a problem if you just took the child back.

In sum, "it doesn't make sense to me", either. You might want to check this counsel - don't have a referral handy for Essex, but look around on Avvo.


Your question is a bit unclear as to whether there is any litigation now pending. That question needs to be answered beforehand. But, if you are seeking to leave on a vacation, there is no need to file for custody.

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