NJSBA Family Law Section

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  • 1.  Home Inspection for PA Resident

    Posted 04-20-2020 01:41 PM

    Hi Everyone,

     

    I represent a client who resides in Pennsylvania regarding a custody dispute venued in NJ. The other party resides in NJ.  The court ordered a home inspection for my client's home. Since he resides in PA, DCPP cannot do the inspection. Does anyone know if a NJ court can request that PA DHS perform the inspection?

     

    The alternative is to have a private agency do the inspection. We are having trouble finding a private agency that wants to do this since they cannot do the inspections for the foreseeable future and they are already so backed up with their existing clients. If anyone has any insight on this I would really appreciate it. Thanks!

     

    Jamie B. Zaum, Esquire

     

    Fax 856.234.5161

    Main 856.234.4114

    comegnolaw.com

    521 Pleasant Valley Avenue

    Moorestown, NJ 08057

     

    Moorestown, NJ            |           Norristown, PA

     

     

     

     

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  • 2.  RE: Home Inspection for PA Resident

    Posted 04-20-2020 02:49 PM

    It would seem to me that you can take the order to PA and have the court by motion in PA enter a s similar order reflecting the NJ order.

     

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    Allen J. Scazafabo, Jr. | Partner
    Riker Danzig Scherer Hyland & Perretti LLP
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  • 3.  RE: Home Inspection for PA Resident

    Posted 04-20-2020 09:43 PM

    I do not believe that PA Child Protective Services or DHS will do the study unless the child is in the legal custody of a State Child Protection agency, which does not sound like the case in your fact pattern.  (If it were the case, the request for the home evaluation would be requested of PA CPS through the Interstate Compact Agreement, and such request must go through NJ's interstate office).

     

    Perhaps, by asking a PA court to order the "home inspection" ordered by the NJ court, the PA court probation officers can do something similar to a "Best Interests" study.  I don't know if the court would consider this to be a  "home inspection" as you are calling it.  It would definitely not be the equivalent of a home study required for adoption purposes, but might be sufficient to satisfy the  NJ court in a custody dispute between parents.  If the child is already in PA, sometimes NJ will as for a "child welfare check" if there are serious concerns about the wellbeing of the child.

     

    I hope this is helpful info.   Others on this list might be more informed of your options. 

     

     

     

    Lynn B. Norcia Esq.

    Starr Gern Davison & Rubin, PC

    105 Eisenhower Pkwy.

    Roseland, NJ 07068

    Tel. 973-403-9200

    Fax. 973-226-0031

    [email protected]