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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Child living with mother in state of AZ, abandons him and child

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Child living with mother in state of AZ, abandons him and child goes to NC with grandparents whom he has lived with since birth until she fled the state of NC to AZ. They left beginning of January 2010. Child was physically abused and subsjected to pornographic material and ran away. On his Birthday, April 30 2010. His mother has bags packed after he has run away and brought back by the police. She calls grandparents and says that she is fed up with him, he is bad and will place him into a home if they do not take them. She takes him to airport, drops him off and he is escorted on plane and picked up by grandparents in NC. Grandparent has joint legal/residential custody with mother with consent order from NJ 2001. This still remains until order is modified. Mother now wishes to get full custody of child in NC. Court date is scheduled for January 10.

Grandchild has lived at their residence since May 1 - present, November 1, a period of six months. Mother has blocked all calls, forbidden any contact between all (child, grandparents.

We are in process of moving from NC to GA in the next month.

Question: Which state should we petition for abandonment/custody?

NJ (where consent order originally made where natural father resides presently).
NC (where child has lived with grandparents for approximately 5 years) or
GA (where we will most likely reside within the month)?

Your prompt response is greatly appreciated. Thanks, Natalia

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

You will need to file your petition for modification in New Jersey. New Jersey retains jurisdiction until and unless the court in New Jersey opts to relinquish jurisdiction to another state.

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Ellen and 9 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
<p>Hi,</p><p> </p><p>Thanks so much for your quick response. This is what we were thinking that should be done. I had also asked if you can let us know if when we move to Georgia, can we file a petition for abandonment in this state? or? (this is a separate issue).</p><p>Also, would this mean that we have to live in GA for another 6 months in order to do this? She has made no attempt to contact him when she does have our phone number and has also alienated his sister who is 9 from him, which has caused psychological issues. we have no idea where she lives or any contact numbers. </p><p>Thanks once again! Natalia</p>

New Jersey retains jurisdiction on all matters concerning custody including abandonment. If you would like to move jurisdiction to Georgia, you will need to petition the New Jersey court with your request

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