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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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if i have a choice between NY and NJ courts in a situation

Customer Question

if i have a choice between NY and NJ courts in a situation where I have div agreement w ex wife and have ongoing visitation issues and am interested in challenging her custody as child is symptomatic with signs of distress, anxiety disorder, all of which I attribute to his mom, and which at least one LCSW who has seen child agrees with me, would I be better off seeking the relief in the NJ court system or the NY court system. mother and child just moved to NJ from NY where i still reside. very problematic. NY court experience for me in divorce was horrible as a man and father. Would i be any better off trying NJ courts for relief now to get help for my son?
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

Since the current custody order is in New York, the New York court has continuing jurisdiction over the determination of child custody. In addition, a child has to live in a state for six months before a state could exercise jurisdiction even if the parents agree for that state to have jurisdiction. In other words, after the child has lived in NJ for six months, you could file in NJ and ask the NY court to release jurisdiction. However, the mother can keep the action in NY unless you also move to NJ.

Here is an article on jurisdiction

https://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf

It appears that you would be best to stay in NY unless you want to move to NJ.
Expert:  lwpat replied 5 years ago.
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