Where can I find a custody decree from New Jersey?

B

Belle

New member
A few years ago, I was very ill and required long term hospital care. Because of this, I asked my mom to take my son with her to New Jersey and signed papers giving her temporary custody only until my health issues were resolved and I was back on my feet. I was sick for a number of years, in and out of the hospital on a regular basis, getting long term treatment for a serious illness. Now that the illness has been cured, and I am financially stable once again, I want to get custody of my son, but my mother claims that a judge in Middlesex County in New Jersey gave her full custody instead of temporary custody and refuses to hand my son over. She can't seem to provide any physical documents supporting this claim, but says that if I take my son she will have me arrested for kidnapping. I want to find out if she is telling me the truth, but when I Google where to find the custody decree all I get are places where you can buy information or where you can hire a private investigator. If anyone could point me to a place where I can find this information, I would really appreciate it.
 
Hi, First of all, your Mother could not have been a party to any custody hearing regarding your son because, if she had, you would have been served papers and you would have had to appear in court. Let her know you're wise to that. Also, if she still only has temporary guardianship you do not need to file a petition for custody. How long has your Mom had the child? Also, you can contact the Clerk of Courts in Middlesex County or, better yet, go there and ask to see any court ruling pertaining to the child. They have everything on computer so it is easy to look up.

Here are two New Jersey statute site you can browse through pertaining to your situation:
http://law.onecle.com/new-jersey/3b-administration-of-estates-decedents-and-others/12-64.html
http://aia.berkeley.edu/media/pdf/sg_state_summary_2003.pdf
(see state of New Jersey)

From reading all the statutes of New Jersey pertaining to Guardianship, the person who gave temporary guardianship through the courts may, at any time, ask the court to terminate the guardianship. Temporary Guardianship in New Jersey is only done for one year at which time it is dropped unless the parent asks for it to be continued due to circumstances. Your Mother cannot extend the guardianship herself. So, filing for custody does not apply here. All you need to do is file a petition, which you can do yourself, to terminate the guardianship. I strongly suggest you contact the Legal Aid agency in your area. This is the type of case they will take. Fill out the forms to see if you qualify for their services. If not, ask that they put your name on the Volunteer Lawyer's list. Lawyers look at this list to choose a client to help Pro Bobo. You would get a local attorney. If your Mom is acting like this, I, personally, would be very hesitant to face her in court without an attorney. However, it surely can be done. Ask the Clerk of Courts if there is a court form available for terminating guardianship. You have to file it in the court that ruled on it originally. JOSA
 
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