How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
Type Your Family Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year 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.