Q: Can I file for custody in NJ even if we've only lived here for a month or am i forced to file back in FL?
When we lived in NJ for almost 3 years the previous time his father did not come to visit him once in NJ. we have no court issued agreements and he has not even established paternity in FL which is required prior to anything.
A:
Hello and thanks for asking your question. First off, you are definitely raising some complicated jurisdictional issues that need more exploring and explaining! I'll do my best to answer you generally, here. But, please know that an attorney would need much more detail regarding you and your family in order to give you thorough and competent advice.
What you are describing seems to be a question of which state is the "home state" of the child. As far as New Jersey goes, this state becomes the "home state" of the child as long as the child has lived her for AT LEAST six consecutive months. So, your child has to live here for six months, with no break, before New Jersey would take jurisdiction. You indicate that you lived here before and if you were only in Florida for a long vacation but did not establish residency there, you may have a small argument to make. Again, more information would be needed.
But, from what you described, it does not appear that New Jersey at this time is the home state of your child because you have only been here for one month. So, it would seem that you can either wait five more months before filing any type of case with the NJ family court, or go ahead and file in Florida. Now, I cannot speak to the laws in Florida that talk about jurisdiction or any rules they may have regarding where the child is currently living. You would need to speak with an attorney familiar with Florida family law.
I do suggest a consult with a family law attorney near you so that you can really get a clear picture of your current options and a good road map for moving forward. Many attorneys, like our firm, offer free consultations. Hope this helped! Bari
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