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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