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In regards to child custody and the child lives with the…

In regards to...

In regards to child custody and the child lives with the mother in another state, does one have to file for a custody agreement in that state or can one file where they live?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

My son lives in pgh and the child lives in new jersey

Lawyer's Assistant: Have you talked to a lawyer yet?

No. if we go to court he will have to have an advocate or go without an attorney. he cannot pay for an attorney

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is also no support agreement my son has been paying her cash so she, in her words "can hide the money"

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10/13/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,915
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good afternoon. The home State of the child, is typically where the matter would need to be heard. If the child resides with the mother in another State, that is where this would need to be filed, so the court has jurisdiction, over the matter.

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Customer reply replied 8 months ago
It is my understanding that the custody hearing would have to be heard in New Jersey but as far as support that can be handled in the non-custodial parents state
Customer reply replied 8 months ago
Please answer by text

The court will want to hear both matters, if possible. If the support was ordered in NJ, the paying parent can try and go before the Judge and have it heard and handled, showing that there is still jurisdiction over this matter.

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Customer reply replied 8 months ago
I am not sure I understand. There is no support agreement whatsoever my son has just been sending her cash. Because she wanted cash. It is of course not easy for us to just pick up and go to New Jersey when we are both working, my son and I. At least I thought we could try to have the support issue heard in the Allegheny County Court System

I am sorry but if there is nothing in order, there is nothing compelling him to send her anything. He does not have to send her cash if he does not want to and if she refuses to take a check or money order, he can stop paying and force her to take action and have it court ordered. If she lives out of State with the child, that is where the child support or custody issue would need to be heard, since it is the home State of the child. If there is no court order in place ordering him to pay, he has control about how he pays it, if she wants to avoid going through the legal process.

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Customer reply replied 8 months ago
I appreciate what you are saying. But that is what deadbeat dads do. And my son is not he is a son who went to graduate school with several master's degrees but cannot find a job for what he went to school for and he is just working at a bank for not a very good paycheck. He is working three different jobs because he pays for a special school that is very expensive for his son to go to which costs $800 per month just for part-time and I know he will be scared that she will stop sending him to that school. Hopefully she would not do that. I will recommend to him to just pay the school directly
Customer reply replied 8 months ago
I'm sorry I forgot to add that my grandson is autistic

Yes, he could do that if he desires. It is at his discretion to pay her with check, money order, bank transfer, cash, etc. If she has a reason for only taking cash, he should be alert. I know it is not ideal and he is a great father but he can not allow the mother to take advatnage of him, when he is doing so much.

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Customer reply replied 8 months ago
I agree. I am waiting to hear from the ombudsman of Burlington County in New Jersey to direct us on how to proceed. Thank you for all of your advice

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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