Q: There was a court order for physical custody in New Jersey in 2012. The children have lived with me for the past five
Lived with me past five years without support. Does NJ still have jurisdiction.
A:
Hello and thanks for your question. Jurisdiction can indeed be a tricky area of the law to navigate, here in New Jersey and without looking at your specific court order, it is a little challenging for me to answer you completely. I'd be happy to give you a brief overview, however, in the hopes that that will assist you.
Typically, jurisdiction for custody cases in New Jersey remains with New Jersey until a child has lived in another state for at least six months. After that, New Jersey no longer is the "home state" of the child, and jurisdiction would presumably belong to the new state, in your case, North Carolina. How jurisdiction over children and custody matters works in North Carolina is not something I can speak about, because I am not an attorney there. For more information about North Carolina laws, speak with an attorney admitted to practice there.
You indicate that there is a court order for custody from New Jersey in 2012, and here's why this is important: the order may specifically state that New Jersey keeps jurisdiction, no matter where the child moves. Does your order indicate that? Some other questions: are you one of the parents of the child? To whom was custody granted? If you were not given custody, why is the child with you? I don't want you to be too personal or specific on this general forum, but these are the types of questions that a family law attorney would ask in a consultation.
To that end, you should consider having a consultation with a New Jersey attorney, so they can speak with you about all the details of your case and advise you specifically about your family. We can offer you a telephone consultation as you are in North Carolina, but many family law attorneys offer free consults, as well.
Wishing you luck and thanks again for your question. Regards, Bari
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