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Can I state I just moved to exclusively order a child be picked up in another state?

Winter Haven, FL |

My child was taken from me w/out permission 2/27/14 and wife went straight to NJ, filed an Injunction for alleged dom violence. No crim record, no dom viol cases, no pending cases. I lived in Polk Co, FL at the time, but had to leave apartment due to eviction (bankruptcy). A family member offered me a place to stay in NC, but I lived in FL for the past 8 months. If I just move to NC, can just have their court order a child pickup from NJ? Thank you very much.

Attorney Answers 3

  1. You need to talk to a NC attorney if you want a court in NC to do something. It sounds like Florida may have jurisdiction over the child though, because that is where the child most recently lived with a parent for six months. But it sounds like you have a complicated case with a probable interstate fight on your hands, no money, and nowhere to live. If she got a DV injunction in NJ, you are not just going to be able to waltz into court and get a pick up order. You are going to need an attorney. You may want to focus on a stable place to live in Florida and talk to Legal Aid or Legal Services to see if you qualify for assistance.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

  2. This is a mess, and you need to get to an attorney where you are to find out if anything can be done at all. It might just be that you have to fight in Nj

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

  3. I agree with Attorney Morcroft. Florida still has jurisdiction. But as she stated, your stability is in question and there is no way that a court is going to give you custody of your child without a stable residence, a job, etc. Good luck.

    B. Elaine Jones, Esq.

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