Plainfield, NJ asked in Child Custody, Child Support and Divorce for New Jersey

Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no one is going to remain in Georgia, then Georgia will lose jurisdiction over your children and its ability to enforce the terms of that agreement. It may make sense for you to convert the agreement into a form of consent order and seek to domesticate it in NJ or in the state where your ex is moving to to ensure that you can enforce your rights to see your children.

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