Mother and child live in NJ, I live in VA, I'd like to settle the child custody and child support case in VA.

Asked over 1 year ago - Atlantic City, NJ

No marriage involved. Mother and child moved in living with me in VA after the child was born. She moved out to NJ after two years. In the two years I took care of both mother and child, and she was a full-time stay home mom. They have been living in NJ for about 2 years now, and she just filed a motion for full custody and child support. I need some help to challenge jurisdiction and settle the case in VA.

Attorney answers (5)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . I am sorry that you are going through this, but given the facts you have presented your jurisdiciton is in New Jersey, however, I strongly suggest that you chat with a local attorney and go over all the specifics with him or her, perhaps your local rules may have an exception. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Yolanda Navarrete

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . Because you did not oppose the move initially, it appears jurisdiction is now in NJ. Have you had parenting time with the child? You will need a NJ attorney to represent you.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  3. Julia Jane Wills Ovando

    Contributor Level 11

    1

    Lawyer agrees

    Answered . As stated by Atty Lewis, it sounds like jurisdiction has passed to NJ. Generally jurisdiction lies where the child has resided for the previous 6 months.

    REMEMBER, my answer to your question is for general informational purposes, as I don't know all the facts and... more
  4. Jeffrey Scott Drabin

    Contributor Level 13

    1

    Lawyer agrees

    Answered . the jurisdictional basis for custody and visitation is different then the jurisdictional basis for child support. due to the passage of time, jurisdiction for custody and visitation will be in the child's home state of NJ. However, if you do not have sufficient minimum contacts with NJ [other then appearing there to litigate the issues of custody and visitation] then NJ will have no jurisdiction over you for the purpose of issuing an order for child support and any orders for child support would need to be established against you in your home state of VA. You should retain an experienced attorney in NJ to address the issues of custody and visitation and to move to dismiss the application for support on the basis that NJ lacks any jurisdiction over that issue.

    This information is provided for general educational purposes only including answers posted to questions asked.... more
  5. Joshua T. Mathews

    Pro

    Contributor Level 12

    Answered . There are already other good answers to this question, and Mr. Drabin covers the important difference between jurisdiction over the child, (which allows New Jersey to grant custody orders), and jurisdiction over YOU, which is required for child support.

    Some of the answers kind of pulled their punches on the state issue, saying that jurisdiction is "generally" somewhere. In fact, the Uniform Child Custody Jurisdiction and Enforcement Act states that the child's home state, under these circumstances, is New Jersey. The only way that the case could be heard in Virginia would be if New Jersey gave up its jurisdiction to Virginia, as part of an order of "forum non convenens," which is Latin for inconvenient forum. That won't happen here, because the inconvenient forum elements aren't at play.

    Best wishes.

    This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your... more

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