My ex-husband and I have a 4 year old son together, 2 years ago we went to court for custody in PA and I was granted legal and physical custody and he received visitation. I've since bought a home in NJ which is right over the bridge but because I'm in the military, it's difficult to come back to PA if I want to file another motion. Would I be able to somehow "transfer" the case to another state or is this about it?
Also, when I'm home, would I be able to file for child support in NJ since I no longer meet the requirements for PA? My issue is the custody paperwork in one state and the child support in another. And what should I do when they can't "find" him and I have no idea where he is? Does this mean the case will get thrown out? Again.
You need to register the PA judgment in New Jersey if you're going to need to enforce it here. You send a certified copy to Family Case Management in your county with a $250 check to "Clerk of the Superior Court" (used to be $10, jumped a bit in the last couple months).
PA will retain jurisdiction so long as the child or either parent lives there. If there's a need for a hearing, you can ask PA to relinquish jurisdiction after the child has lived in NJ for over 6 months (*at which point NJ becomes the child's "home state"). PA doesn't have to do so, though. You'd have to argue that PA has become an "inconvenient forum" BTW, I don't know PA law on relocation issues, but I hope you had either permission from the court or from the ex before relocating to NJ.
PA law will always control child support, even if you both move here and the child lives here. This won't matter a whole lot until emancipation / college (you're bound by PA law which emancipates at 18 / HS graduation).
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
If you have been in NJ with the child for more than 6 months, PA can give up jurisdiction to NJ but NJ cannot take it from PA without PA's consent.
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