NJSBA Family Law Section

NJ would not take jurisdiction over the divorce for a year.  For custody, you are still bound to Florida for six months.  You would have someone file a motion for custody of the children in Florida OR wait it out.

Corinne Campi, Esquire

302 Morris Avenue

Spring Lake, New Jersey 07762

Phone (732) 556-0525 Fax (732) 556-0526

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You wont have jurisdiction in FM for a year. But, you could file an FD for support and other relief. The controlling language for FD jurisdiction is below.

Tom King

Establishing State Jurisdiction and County Venue

Rule 5:2-1. Venue, where laid in family actions shall be laid in accordance with the

applicable provision of R. 3:14-1 and R. 4:3-2. except as follows:

(a) In actions primarily involving the welfare, support, protection and status of

children (except actions for adoption or termination of parental rights and except

actions in which issues of custody, visitation and support are joined with claims for

divorce or nullity) shall be laid in the county in which the child is domiciled. In

actions involving custody of children where one party or the child does not

presently reside in New Jersey, venue shall be laid in the county designated by the

courts of the child's home state, which is defined as the state where the child,

immediately preceding the time involved, lived with his or her parents, a parent, or

person acting as parent, for at least six (6) consecutive months, unless it is found

to be in the best interest of the child for another state to accept jurisdiction.

For general Non-Dissolution case processing purposes, screening for state

jurisdiction should be done by intake staff. During the interview process, if staff

determine: (1) the child has recently moved to New Jersey from another state and

has not been a resident for the past consecutive 6 months or; (2) the child is here on

an extended visit but the other parent/guardian has an existing custody order from

another state, the following should occur:

! If any of these circumstances exist, staff should take the complaint

and advise the party that New Jersey may or may not have

jurisdiction and the judge will make that determination. Staff should

inform the applicant that the court may determine that the other state

has jurisdiction of the case and that he or she may have to go to that

state to make an application to establish custody or have custody

modified. Cases, which may pose jurisdictional issues, should not be

scheduled for a consent conference or mediation. Determination of

jurisdiction can only be made by a judge.