Child custody orders in New Jersey have the force of law, but they’re also based on trust between parents. So, what happens if a non-custodial parent refuses to return a child in Freehold, NJ? This violation of trust and the law has severe consequences, and a Freehold child custody lawyer can help get your child back. Below, you’ll find everything you need to know about what to do when a non-custodial parent doesn’t return your child to you.
Basics of New Jersey Child Custody Orders
Child custody and visitation agreements in New Jersey are governed by the state court system. While parents going through a divorce can devise a custody schedule, the courts must approve the proposed plan.
The case judge will issue a custody order when the divorce is finalized. This order outlines which parents have legal custody and residential custody of the child. (Legal custody refers to a parent’s authority to make decisions for their child, while residential custody refers to which parent the child spends most of their time with.)
New Jersey parents must follow the terms of a child custody order. If two parents want to change the custody arrangement, they must petition the courts to modify the custody order. Failing to follow the terms of a child custody order can potentially result in a contempt of court charge and other legal penalties.
The key thing to remember about child custody cases in New Jersey is that the courts must do what they think is best for the child. State law says this legal principle overrides all other considerations. If one parent can show the other parent is not acting in the child’s best interests (which includes complying with court orders), they can ask the courts to modify an existing child custody order.
Can a Non-Custodial Parent Refuse to Return a Child?
Any New Jersey parent who refuses to return their child according to the terms of a child custody order risks legal penalties. What happens if a non-custodial parent refuses to return a child? Non-custodial parents can petition for emergency custody in certain circumstances. A non-custodial parent who files an emergency custody petition must show that immediate, permanent harm will come to the child if the child stays with the custodial parent. Some situations where the courts might grant emergency custody to a non-custodial parent include:
- The custodial parent has a substance abuse problem.
- The custodial parent is involved in criminal activity.
- The custodial parent’s living situation threatens the child’s safety (for example, if there are multiple fire hazards in the home).
Anyone wishing to file an emergency custody petition in New Jersey should get help from an experienced attorney. A New Jersey child custody lawyer can handle the necessary paperwork, submit the petition, and represent the parent in court.
Legal Penalties for Non-Custodial Parents Who Don’t Return Their Children
Failing to follow a custody order can lead to contempt of court charges in New Jersey. The penalties for this offense may include fines or jail time, depending on the situation. Sometimes, the court may modify custody arrangements, including limiting future visitation to protect the child’s well-being. The courts can also require supervised visits with a non-custodial parent. If the non-custodial parent crosses state lines with the child, they could also face criminal charges for parental kidnapping.
What To Do If Your Child’s Other Parent Won’t Return Them
If your child’s other parent won’t return them to you, acting quickly is crucial to protect your child’s safety. Here’s what to do:
Stay Calm and Assess the Situation
First, contact the non-custodial parent. Sometimes, delays happen due to miscommunication or unexpected issues. If they won’t cooperate, remain calm and keep records of any communication.
Contact Law Enforcement
If the non-custodial parent won’t return your child and you believe they’re in danger, call the police immediately. A court order outlining custody arrangements makes it easier for law enforcement to step in and help.
Document Everything
Keep a detailed record of the incident. Include dates, times, and details of all interactions with the other parent. This information is essential for law enforcement and for any future court actions.
Contact a Family Lawyer
A Freehold family law attorney can help you navigate legal steps, including filing a motion with the court for immediate assistance. They understand the process and can work to help your child return to you safely.
Need Help With a Child Custody Issue? We Can Help
The Law Office of Andrew A. Bestafka, Esq. understands the gravity of the situation when your child’s other parent won’t comply with a custody order. Our Freehold child custody lawyer can help you address the issue by filing an emergency petition with the courts or taking other steps. We have extensive experience with these issues and are ready to protect your parental rights. Call (732) 898-2378 now or complete our contact form for a confidential consultation.
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