Registering oit of state custody order...

[MrsMattius0903]

What is the name of your state (only U.S. law)? New Jersey

Long story short I have 2 children from a previous relationship (never married) the father lives in Pennsylvania and that is the state that currently has jurisdiction because I also lived there when this whole thing started. 3 years ago gained sole legal and physical custody and the children have lived with me in new jersey since. All I want to do is change jusrisdiction to new jersey or register the order in nj, so that down the line anything goes through my home state and not the fathers. There is no support order, and I'm not really wanting to open the can of worms that comes with filing for that we've been getting along just fine without it and father has very little to do with the children. I can't seem to get a straight answer from my county's family courthouse on how to do this, and I never had an attorney because I couldn't afford one.
Any help appreciated, sorry if I left out any info..please ask away...

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

Long story short I have 2 children from a previous relationship (never married) the father lives in Pennsylvania and that is the state that currently has jurisdiction because I also lived there when this whole thing started. 3 years ago gained sole legal and physical custody and the children have lived with me in new jersey since. All I want to do is change jusrisdiction to new jersey or register the order in nj, so that down the line anything goes through my home state and not the fathers. There is no support order, and I'm not really wanting to open the can of worms that comes with filing for that we've been getting along just fine without it and father has very little to do with the children. I can't seem to get a straight answer from my county's family courthouse on how to do this, and I never had an attorney because I couldn't afford one.
Any help appreciated, sorry if I left out any info..please ask away...

Attempting to move jurisdiction could also open up a can of worms, as dad would have to be served and have the opportunity to fight it. Since he still lives in the state with original jurisdiction, unless there is something going on that would justify changing jurisdiction, he would tend to win that battle if he chose to fight it.

 

[MrsMattius0903]

I understand that, but I guarentee he would see a support order as a personal blow cause that's how he is...jurisdiction change might not affect him as much...but could. He has also moved from the city where everything was filed, to more than 30 minutes away from his previous home. I do not even have his new address and he will not willingly give it..all I have is previous address...

 

[MrsMattius0903]

Also, father never showed to last 2 court appearances. The return to his home was found to be not in the best interest of the children. And, because dhs was involved the case was referred to dyfus in nj. No where on the actual order (which is titled order of adjudication - can someone tell me what that means?) does it say jurisdiction to remain in Pa...I'm so confused...

 

[LdiJ]

Also, father never showed to last 2 court appearances. The return to his home was found to be not in the best interest of the children. And, because dhs was involved the case was referred to dyfus in nj. No where on the actual order (which is titled order of adjudication - can someone tell me what that means?) does it say jurisdiction to remain in Pa...I'm so confused...

Under the UCCJEA jurisdiction is originally decided based on the residence of the children at the time that the case was commenced. In your case, that was PA. Ongoing jurisdiction is based on whether or not at least one of the parties to the case remains in the original state of jurisdiction. In this case, dad remains in PA therefore PA would retain jurisdiction. In special circumstances, based on the doctrine of "inconvenient forum" (the original state of jurisdiction is legally inconvenient for deciding the best interest of the children, not inconvenient to one of the parties) jurisdiction can be changed to the new home state of the children. However, there has to be something going on that makes going to court necessary, and then you have to prove it to the judge.

It does not have to say anywhere in the order that jurisdiction is to remain in PA. In fact, that kind of thing is not normally spelled out in court orders.

If you have an order of adjudication then custody was decided as part of a dhs case, not a normal custody case. That adds a layer of complication.

 

[MrsMattius0903]

Thank you for clearing all that up. My end goal here is to relocate to another state (for a few reasons family, cheaper c.o.l. ect) but that is not for at LEAST 5 years, and I know I need the courts permission to do that, I figured it would need to be done from NJ not PA, since that's where I live, but now I'm not sure if I have to. What would be something going on that would make it legally inconvenient for pa to rule?

 

[LdiJ]

Thank you for clearing all that up. My end goal here is to relocate to another state (for a few reasons family, cheaper c.o.l. ect) but that is not for at LEAST 5 years, and I know I need the courts permission to do that, I figured it would need to be done from NJ not PA, since that's where I live, but now I'm not sure if I have to. What would be something going on that would make it legally inconvenient for pa to rule?

The most common example I could give is that one of you were filing to modify custody, and because all of the people who might testify (doctors, teachers, counselors etc) were located in the children's current home state, then it would be legally inconvenient to hold the proceedings in the original state.

 

[MrsMattius0903]

The most common example I could give is that one of you were filing to modify custody, and because all of the people who might testify (doctors, teachers, counselors etc) were located in the children's current home state, then it would be legally inconvenient to hold the proceedings in the original state.

So if say...he wanted to file for visitation (which he has none at this point) and I wanted to prove how detrimental to the children it would be, it would most likely be moved to NJ? Can I ask more questions in this topic or should I start a new one? I have a question about abandonment....

 

[Zigner]

So if say...he wanted to file for visitation (which he has none at this point) and I wanted to prove how detrimental to the children it would be, it would most likely be moved to NJ? Can I ask more questions in this topic or should I start a new one? I have a question about abandonment....

Please keep your related questions in the same thread.

 

[MrsMattius0903]

Please keep your related questions in the same thread.

Well its not technically related to my original question...although I guess it could fall under it...
I read somewhere, that if a biological parent does not have contact with the child for a certain amount of time, that it would be considered abandonment is this true? my son has contact with his father, but my daughter does not, my son only has contact because his father sends him text messages once a week or so (usually complaining about me) but says he does not want to contact my daughter because he cant explain to her why they cant see eachother

 

[Silverplum]

Well its not technically related to my original question...although I guess it could fall under it...
I read somewhere, that if a biological parent does not have contact with the child for a certain amount of time, that it would be considered abandonment is this true? my son has contact with his father, but my daughter does not, my son only has contact because his father sends him text messages once a week or so (usually complaining about me) but says he does not want to contact my daughter because he cant explain to her why they cant see eachother

Please.

You moved away and clearly want to excise Dad from your children's lives. I strongly doubt you encourage or facilitate their relationships.

So you put as many hurdles in their relationships as you can, then want to try "abandonment." I'm not impressed.

 

[MrsMattius0903]

Please.

You moved away and clearly want to exise Dad from your children's lives. I strongly doubt you encourage or facilitate their relationships.

So you put as many hurdles in their relationships as you can, then want to try "abandonment." I'm not impressed.

Im sorry but im not trying to impress you, the children see their paternal family throughout the year, it is not my fault that he does nothing. in fact, if my sons phone is off hee wont even answer or call back or text if it comes from my number. besides the fact that i only live 45 minutes away. so please...im not impressed with you either....

 

[Silverplum]

Im sorry but im not trying to impress you, the children see their paternal family throughout the year, it is not my fault that he does nothing. in fact, if my sons phone is off hee wont even answer or call back or text if it comes from my number. besides the fact that i only live 45 minutes away. so please...im not impressed with you either....

Your "arguments" need to impress your judge. That's the test, not me. Or you.

 

[MrsMattius0903]

Wasn't going to a judge with it, it would be absurd to do so since he still has contact with my son. Was just a question. My main issue is the jurisdiction.

 

[Silverplum]

Wasn't going to a judge with it, it would be absurd to do so since he still has contact with my son. Was just a question. My main issue is the jurisdiction.

LdiJ gave wise advice and covered jurisdiction.