Elizabeth, NJ asked in Child Custody for New Jersey

Q: If A child’s custody change happened in Poughkeepsie NY can I file For petition for custody back in NJ where I reside ?

Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have to go back to family court in Poughkeepsie ny ?

Related Topics:
2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: Believe it or not, there is a law applicable to your inquiry called the Uniform, Child Custody & Jurisdiction and Enforcement Act, applicable throughout the country, which states that the state that entered the initial order for custody of the child, retains exclusive and continuing jurisdiction over the child until that state court determines that the child, the child’s parents, and any person acting as a parent no longer have a significant connection with the state or until another state determines that the child, the child’s parents, and any person acting as a parent no longer reside in the original custody order state. Translated – you can’t simply file a complaint in NJ seeking to change the custody order entered in NY, without the NY Court agreeing to give up jurisdiction over the child.

From a procedural standpoint, to permit a court in NJ to modify provisions of the original custody order entered in the NY Court System, the NJ court must determine that it has proper jurisdiction over the matter and 1) the NY court that issued the original custody order must acknowledge that it no longer has jurisdiction over the matter or it agrees to give up jurisdiction over the matter, or 2) proofs are presented to the NY court (that issued the original custody order) that neither the child and both parties to the original custody order live in NY.

Based on the limited information provided, it appears that the other side to the original custody order still live in NY and therefore it would easier to have the NY court enter the order modifying the original custody order, giving you physical custody of your child again.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: The question of jurisdiction focuses upon where the child resides. Since the child lives in NY and there’s an existing custody order, you would have to go back to the family court in Poughkeepsie, NY. Therefore I would recommend you seek counsel there. Be prepared to present proof of your recovery. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.