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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116298
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I HAVE A QUESTION ABOUT THE OUT OF STATE CUSTODY/PARENTING

Customer Question

I HAVE A QUESTION ABOUT THE OUT OF STATE CUSTODY/PARENTING TIME/VISITATION ORDERS PROCEDURE FOR FILING AND ENFORCEMENT IN NJ
Submitted: 12 days ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us?
Customer: replied 12 days ago.
I have spoken to you a while back about moving my case from Florida to NJ since none of the parties nor my child live in Florida now. I finally received the certified copies of my child custody order from Florida. It took months to get them so I am trying to refresh my memory on what is next. You gave me a link to the out of state custody enforcement procedure before and I see it states I have to file a written request. What does that mean? Do I just do a simple letter stating that I want to domesticate the order to NJ?
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Now you need to file the petition not a letter, everything in court is done by petition and motion. The first thing you file is a petition to domesticate custody order. You attach the FL order and ask the NJ court to take jurisdiction based on no further contacts of the parties with the forum state. This is filed in the clerk of court's office with a copy served on the other parent by process server.
I honestly would not suggest to you to do this without an attorney. NJ does not make pre printed forms available for this so if you are going to do this yourself, you have to go to the court library and ask for form books from the librarian and they will get you the books you can use for templates.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 12 days ago.
I am going to try to do this myself. Florida cost me $30,000 and that has done me in. I have no choice but to try this on my own. It is hard to spend $30,000 and get nothing and no guarantee's so I might as well try on my own at this point. So I file a petition and the certified orders with the court. I live in NC so I have to do this by mail. Will NJ send me a TRUE COPY back to have served on the other party or do I go ahead serve copies of the documents I have at the same time as I file them with the court?
Customer: replied 12 days ago.
Also, is there a certain petition form that I should be looking for at the library?
Expert:  Law Educator, Esq. replied 12 days ago.

Thank you for your reply.

NJ will not send you a true copy, they will send you a stamped copy with the date of filing stamped on it if you send them the original and one copy. You then need to get a copy on the petition and summons to a process server to serve on the other parent.

No you will be writing your petition from scratch, so all you will be getting is a blank petition format.

Customer: replied 12 days ago.
I wait until I get the stamped copy from NJ and that is what I have served on the other party?
Expert:  Law Educator, Esq. replied 12 days ago.

No, you do not need to wait for a stamped copy. You file the original with the court in NJ and you get a process server at the same time to serve the other parent a copy of the petition and summons.

Look I am not trying to force you to get a lawyer, but representing yourself is not going to be as easy as you believe it will be.

Customer: replied 12 days ago.
I appreciate the advice but no attorney will take a case for minimal money and my last attorney bled me dry. I have tried legal aid in my state and in NJ and they really don't take on cases like mine. I have asked if they will just get it moved for me but the answer is no. If I went out and killed someone I could get a court appointed atty, but trying to get visitation with my child .... they want even talk to me. In hindsight, I guess I should have killed my ex. I would get a court appointed atty and they probably would even get me have visitation with my child from prison.....LOL! That is just the way the world works I guess.
Expert:  Law Educator, Esq. replied 12 days ago.

Thank you for your reply.

Legal aid will not help anyone unless they are a resident of the state. So you will have to get the form books, write up your petition, file it with the clerk and serve the ex with a copy of the petition and summons.

Customer: replied 12 days ago.
Thank you
Expert:  Law Educator, Esq. replied 12 days ago.

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.