Dear list-mates:
I would like any input on a question regarding competing jurisdiction between North Carolina and NJ. Client (Mother) lives in North Carolina. Client lived in NJ with then Husband until 2011. In 2011, client separated from spouse and moved to NC with child (then 5 yo), with father's written permission. Client filed for divorce in NC in 2013 and obtained a default Judgment of divorce from father the same year. The NC Judgment of Divorce in 2013 merely states: "There was one child born…. Who has resided with the plaintiff since the separation of the parties." No mention of "custody" or "parenting time". No other court orders have been entered since the divorce. Child has lived in NC with client continuously except for one year with father in NJ for school year 2015-2016, and then again from June 2018, for what was to be solely a summer break visit. At end of summer 2018, Father asked to keep child for the 2018-19 school year and client reluctantly agreed with the understanding that after the school year child would return to NC. Father now refuses to allow child to return to NC to live with client. Child is 12 ½ now.
Question: Is the vague statement in the Divorce Judgment a "child custody determination" under the UCCJEA? If so, does NC have continuing jurisdiction and/or does the fact that child has lived in NJ for the past 12 months make NJ the "home state" of the child? If NJ is the "home state" does NJ have primary jurisdiction over NC pursuant to the UCCJEA? Any insights and advice welcome.
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Lynn Norcia, Esq.
Of Counsel
Starr, Gern, Davison, Rubin
105 Eisenhower Parkway
Roseland, NJ 07068
(973) 403-9200
[email protected]------------------------------