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What can I do or file to remove consent of a custody & visitation on consent that was given by NY court? Can I file here in NJ?

Union, NJ |

Me&my daughter (5 yr old) are resident of NJ, I have the sole custody. Father is NY resident. He just filed a modification of visitation order were I just received the copy of final order that I can appeal in 30 days. A week before receiving the modified copy of order I tried to get a consent from him to bring my daughter to another country because my father was in bad condition then passed away after 2-days in the hospital.The father of child never gave consent...i have every proofs of clear intention. Child knows grandpa through internet video calls but never had a chance to see him in person. Child said she wants to see grandpa when told that grandpa is in the hospital.Child's fathers reason is she's too young to travel that far.Is there any chance later on to bring child out of country

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Attorney answers 1


I don't think the father has the right to file in NY, as NJ would appear to have jurisdiction (although I don't know where the original order was entered, in NY or in NJ). Presuming that you and the child have resided here in NJ for more than six months, there should be a presumption of jurisdiction here. However, you should definitely not ignore the modification order in NY but appeal it on the basis of jurisdiction in NJ. But I am unsure why an order was entered, because it sounds like you were unaware of the motion to modify the previous order. You probably will need a NY family law attorney to go in and appeal the NY order and then file in NJ or seek to have the NY court recognize jurisdiction with NJ.

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