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My friend just got out of a abusive relationship her and the guy have two kids together she ran for her life and went to live with her mom in Arizona when he found out he filed for full custudy of the children which she never thought he would do now the judge is ordering her and the two children back to the state of New Jersey for a hearing she has no money to fly back and forth across country with 2 kids and had no place to stay and when she told the judge that her ex boyfreind said that she has a brother in NJ which she does but he cant have her stay with him right now because of his own family problems does she have to go to new jersey to the hearing???????? The hearing is in less than 2 weeks someone please help !!!!!!!!!!!!!!!

2007-11-06 02:49:29 · 7 answers · asked by Anonymous in Politics & Government Law & Ethics

7 answers

She should retain an attorney. I know that money is an issue, but, truthfully, if she is not appropriately represented, she could lose a lot. Also, in most cases, the attorney should be able to appear for her, and, have her via telephone. She should call the judge and explain the situation and see if she can appear by phone. I would not go without an attorney- even if I had to work 16 hours a day at McD's. Her kids are at risk. Ultimately, if there is a history of documented abuse (the police were called), the judge will more than likely find that it is not the best interest of the children to go to the abuser, however, if she isn't represented, she could lose.

2007-11-06 02:55:51 · answer #1 · answered by Amanda h 5 · 1 0

She and the children will have to appear in NJ and she definitely needs a lawyer to represent her. She would have been better off to file for full custody herself in Az and then he would have to be the one traveling. If they were not married the court will order him to take a paternity test before anything is decided. Any previously documented abuse needs to be brought to the court's attention.

2007-11-06 03:01:52 · answer #2 · answered by Diane M 7 · 0 0

Tell her to get an attorney right now. She needs to have an attorney call to reschedule things or whatever, but she can't ignore a summons from the court. They will bring her up on kidnapping charges regardless of abuse or not. In addition, she needs to be able to prove the abuse. Line up witnesses. Do it all now before its too late and he ends up with even partial custody of those kids.

2007-11-06 02:58:22 · answer #3 · answered by wife2denizmoi 5 · 1 0

The judge is ordering her how? By subpeona? If so, then check with the judge's office to see if she and the kids can be put into accommodations (usually like a Motel 6 or something) by the courts.

I doubt he subpeona'd her anyway, so no she doesn't have to go, but will lose if she doesn't show.

2007-11-06 03:13:27 · answer #4 · answered by Lisbeth 3 · 0 0

She doesn't have to attend the hearing. But she had better have the children appear before the court or she will face parental kidnapping charges.

2007-11-06 02:52:51 · answer #5 · answered by hexeliebe 6 · 0 0

Get a lawyer!!!! Every case is different and a lawyer will know how to handle it better than we do!! With her children at stake, she needs a lawyer!

2007-11-06 02:58:20 · answer #6 · answered by marystoy_2000 5 · 1 0

have her go to legal aid in the state where she is for free legal advice; also attorneys will give a free consultation ; time for her to step up and go to the law for assistance

2007-11-06 02:58:28 · answer #7 · answered by sml 6 · 1 0

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