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  #1  
Old 04-12-2005, 05:47 PM
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Join Date: Apr 2005
Location: New Jersey
Posts: 1

Who has jurisdiction


What is the name of your state? New Jersey

I was married by proxy in another country as a US citizen but have dual citizenship in that other county. I lived the whole marriage in NJ and was divoced here. I am still legally married in the other country because recently its laws have changed and they now allow divorce not just legal separation. I'm seeking to get a divorce in that country. We both have joint custody but my ex has custodial custody, and is not a US citizen but has citizenship in that other county. If She decides to go back to her country, and I give permission for our kids to visit and live there for a year or two under the divorce decree in that country I'm I still liable for child support in this county although they live in another country? One Child was born in that country and has dual citizenship, the other has US citizenship only, but can obtain the citizenship of that other county by living there more than 6 months. Who has jurisdiction?

Last edited by digitalent; 04-12-2005 at 06:08 PM.
  #2  
Old 04-12-2005, 05:54 PM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Depends
We need facts and a question
  #3  
Old 04-13-2005, 07:09 AM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by rmet4nzkx
Depends
We need facts and a question
There was a question: Who has jurisdiction?

At the moment the NJ has jurisdiction. If she chooses to move back to her home country its very possible that you could prevent her from taking the children with her....and it might be the wise thing to do.

If you allow her to take the children with her, then its possible that her home country would have jurisdiction after a certain period of time. If her home country is not a signatory of the Hague Convention its possible that her home country could take jurisdiction as soon as the children are physically there.

You need to be very educated on the laws of the other country as well as any treaties to which they are signatories. However as far as NJ is concerned your child support orders will remain in effect until a judge says otherwise.
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