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Hazardous situation

Discussion in 'Divorce, Separation, Annulment' started by Concerned Grandma, Oct 30, 2019.

  1. Concerned Grandma

    Concerned Grandma Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    My daughter lives in New Jersey. She bought a house with her husband. They have a toddler. They bought the house in February and within 2 weeks, the husband let his sister, husband, 2 kids , and pets move in. A couple months later, the husband (my son in law) let his parents move in. My daughter had no say in it.
    There are 6 adults, 3 children, 3 dogs and a cat living in a 3 bedroom house. The house is now infested with fleas, and my daughters father in law, and her sister in law smoke pot constantly in the backyard. So basically my daughter is living in filth. If they did decide to separate, and she decides to come to me in another state, what would she have to do? Does she have the legal right to take her daughter out of state?
     
  2. Zigner

    Zigner Well-Known Member

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    Yes, she has the legal right to do so. Of course, dad has the legal right to go to court to obtain an order for the child to be returned to the state.
     
  3. Concerned Grandma

    Concerned Grandma Law Topic Starter New Member

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    Should she file something in the court in order to take her out of state? Not necessarily a restraining order, but because of the dangers?
     
  4. Zigner

    Zigner Well-Known Member

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    She can file for divorce, or a legal separation (known in NJ as "Divorce from Bed and Board" or a "limited divorce"). She should likely consult with an attorney. If dad fights it, the courts are not likely to allow mom to leave the state with the child. Why can't your daughter find a place within the state?

    You should ask your daughter what she has done to alleviate the fleas (exterminator, flea collars/treatments, etc.) because, honestly, the fleas are the biggest concern, in my opinion.
     
  5. mightymoose

    mightymoose Moderator

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    It would be wise, prior to leaving with the child, to obtain a written custody/visitation agreement. This would avoid allegations of parental abduction and keep things cool while the process plays out.
    I suggest speaking with a divorce attorney for guidance regarding child custody, but your daughter can go any time.
     
  6. Concerned Grandma

    Concerned Grandma Law Topic Starter New Member

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    I am mainly concerned with the marijuana and fleas. Not sure about occupancy since they own the home.
     
  7. Zigner

    Zigner Well-Known Member

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    The marijuana use occurs outside, not in the house.
     
  8. Concerned Grandma

    Concerned Grandma Law Topic Starter New Member

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    The use of it is outside. The posession is inside the house
     
  9. Zigner

    Zigner Well-Known Member

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    How does the possession of it endanger the child?

    ETA: To be clear, if you feel that it DOES endanger the child, then you must admit that MOM is just a negligent as DAD in this matter.
     
  10. Disabled Vet

    Disabled Vet Active Member

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    If the marijuana is illegally being used..... Call the cops.
     
  11. Zigner

    Zigner Well-Known Member

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    The OP should remember that certain uses of marijuana ARE legal in New Jersey.
     
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  12. zddoodah

    zddoodah Well-Known Member

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    Ummm...get in her car and drive or hop on an airplane. I can't believe that's what you intended to ask, however.

    Except where a divorce action is pending, the law has nothing to say about the living arrangements of married persons and their children. Your daughter has the legal right to take her child anywhere she wants in the continental United States (or to fly to Alaska or Hawaii), with or without her husband's consent. Her husband has that same right.

    It's important that she understand that, if she takes her daughter out of state, the new state of residence would not have jurisdiction to do anything in terms of divorce until she lives there long enough to establish residency (typically 3-6 months depending on the state). During that time, her husband could initiate legal action and obtain a court order that requires her to return the child to New Jersey pending entry of a final divorce decree or custody order. Thus, she would be well advised to consult with a local family law attorney before doing anything of this sort.
     
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