Can My Wife Keep My Child Away From Me?
When it comes to child custody issues, men often get the short end of the stick. It is often assumed that women are the better parents, but this is not always the case.
In a divorce, the courts try to ensure that children have a strong relationship with both parents. This means aiming for shared custody whenever possible. However, child custody can be an emotionally charged issue. Parents often argue over custody, and this can sometimes cause wives to keep their children away from their husbands.
However, this practice is not only unfair but illegal. Both men and women have the right to equal access to their children. The only time a parent can keep the child from the other parent is if there is a justifiable reason to do so. Examples include substance abuse, anger management issues, and lack of parenting skills.
If you are a good parent and are restricted from access to your children by your wife, you need to let your lawyer, as well as the courts, know about the issue. Your wife can be arrested and charged with a crime. Here’s what the law says.
What the Law Says
Under N.J. Stat. § 2C:13-4, a parent who takes, keeps, or hides a child in order to deprive the other parent of custody or parenting time could face criminal charges for custody interference (also known as parental kidnapping). Interference with custody is an indictable offense. It is a second or third degree crime in New Jersey, which is similar to a felony. The charge depends on whether the parent took the child outside of the country or kept the child for more than 24 hours.
A third-degree crime can result in a sentence of up to five years in prison, while a second-degree crime can result in a sentence of up to ten years in prison.
The law allows certain defenses to child kidnapping. Examples include:
- Protecting the child. If you took the child away from the other parent to protect them from imminent danger, you can use this as a defense, but you must notify the authorities as soon as possible.
- Fleeing from danger. If you have custody of the child and reasonably believe you are in imminent danger, you can use this as a defense, but again, you must notify the authorities as soon as possible.
- Consent. If you reasonably believed that the child’s parent consented to your actions, you can use this as a defense.
Contact Us Today
Both parents have the right to spend time with their children, regardless of gender. A parent cannot keep a child away from the other parent unless the child is in danger.
A Cherry Hill child custody attorney from Fiore Law can help you understand your rights as a parent. We will work tirelessly to help you seek a favorable outcome. Call (856) 214-8964 to schedule a consultation with our office.