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Procedure for seeking temporary custody of 18 year old niece, NJ child custody laws

Where do I start? as far as getting temporary custody of a almost 18 year old niece. she is leagally adopted by her grand parents who live in Florida. She is residing with me in Edison, nj. since August 26th of 2008. I have enrolled her in school, she is in the 11th grade. Reason for the change was due to living conditions and negativity and drugs. Her mother deceased when she was about 4 yrs old. Father is on drugs, (my brother). Grand parents, mothers parents, basically don't really care about much. Also, the grandparents youngest daughter has temporary custody of my niece because of grandmothers health condition. They allowed her to move up here to live with me. My niece loves it here and prefers this life to the life she was living in florida. As far as getting any one with any legal custody from florida to make any changes, is out of the question, 1 reason would be, they're too lazy and don't really care. Reason for this, would be mainly so she can be eligible to get health insurance through my union benefits. I would also like to know if in a few years, she can file independent when time to go to college so she can be eligible for financial aide? My main objective is for her to have medical insurance and not hurt my pockets in the process.

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Also, how will it affect me as far as claiming her on my Taxes?
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Attorney answers (2)

Avvo Pro

Reputation Level 15
If there's no conflict, it shouldn't be a problem for you to get custody. If affording an attorney is out of the question, I'd just go to the family court in New Brunswick (120 New Street), to "Family Part Intake" (ask the sheriff at the door) and complete an "FD complaint." They'll give you a hearing date when you'll appear before a judge and explain the situation. Shouldn't be tough. If you have counsel, he/she can probably resolve ti by a "consent order" without a court appearance.
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Avvo Pro

Reputation Level 15
Your question is somewhat complex for this message board. I don't usually say "talk to a lawyer" when I can avoid it and answer it straight-out, but... you need to talk to an experienced family law attorney. Even if you can't afford to retain someone, getting a consultation will be worth it (and, besides, there are a few of us who don't charge for them). Just make sure the attorney specializes in Family Law, not a dabbler or "Jack of All Trades", espeically with your facts.

You've got two primary issues- a non-biological parent seeking custody and interstate custody.

I can't really tackle the first on the facts you've given, but you certainly seem to have an argument (again - based on what you've said).

The second issue is more straightforward. Under the Uniform Child Custody Jurisdiction Enforcement Act (which every state has enacted) and the federal Parental Kidnapping Prevention Act (don't get thrown off by the word "kidnapping" - it's just a jurisdiction statute), NJ will have jurisdiction over this matter as of FEBRUARY 26, 2009. If you raise the custody issue before than and the other side files in Florida - you'll have to go there to defend it. As of 6 months residency, jurisdiction over the child should be in NJ (FL may still have to relinquish jurisdiction, requiring a motion down there, but under the law they should do so).

Keep your head down until 2/26 and speak to experienced counsel.
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