Heymann & Fletcher

Man's civil suit against police related to child custody

Parents here in New Jersey who are not in a relationship but who share custody of their children have many issues they need to address. Many child custody orders contain guidelines for who will take care of the children and when, for visitation and for financial support. If these orders are not followed, it can give a parent legal trouble and also negatively affect the children involved. Sometimes parents have two different stories regarding the fulfillment of or failure to comply with a custody order. One recent out-of-state case shows just that situation.

A man recently filed a civil lawsuit, claiming that he was harassed by county police and not allowed to see his children. His suit names three specific police officers, the county police department, the mother of his kids and one of her relatives in his suit. He alleges that he had a court order created in 2014 that outlined shared custody between him and the woman who is the mother of his children. He also claims that she violated that order by moving to another state.

The mother says that he has been harassing her and her children and she has filed several police reports regarding that assertion. One of her children and the relative the man named in his suit have also filed a police report, saying they too were harassed. The man claims that when he went to pick his children up from school, an officer threatened to arrest him for kidnapping. He provided his most recent court order from 2016, but says the officer detained him and allegedly didn't care about the order. He now says he was illegally detained and that his civil rights were not honored.

Child custody can be an emotional issue for many families in New Jersey, even ones that have two parents who are on good terms. If one parent is concerned about the current arrangement, he or she can seek the advice of legal counsel and possibly have a child custody order modified. The ultimate priority is the well-being of any children involved and a professional can help to ensure that that goal is reached.

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