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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5745
Experience:  20 years of professional experience
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Myself and my child live in NJ since 1/1/2014. I have filed

Customer Question

Myself and my child live in NJ since 1/1/2014. I have filed for divorce in PA where my husband lives. I have not filed for custody in NJ yet. He has filed in PA for custody and I have a mediation scheduled in August. What text can I use to file a motion for abatement in PA so the custody can be heard in NJ where my child lives? Is there a template for filing a motion like this? Thank you.
Submitted: 3 months ago.
Category: Family Law
Expert:  Maverick replied 3 months ago.

You don't really get the custody case that he filed in PA dismissed; rather it is abated. This means that the PA court does nothing further on the custody case unless and until the NJ courts release jurisdiction. Motions to abate are rare so there is no set form. The closest example I could find is at this link.

For example, you could ask the PA court "to abate his custody case until such time that the PA court would have proper legal jurisdiction under Pennsylvania UCCJEA 23 Pa. Cons. Stat. Ann. § 5401 et seq." This is the text.

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