NJSBA Family Law Section

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  • 1.  Residency Issues

    Posted 02-07-2018 11:26 AM
    I have a potential new client coming in the office today. Mom is about 30 years old and has a 4 year old child. Father has little to no interaction with the child. Mom leaves PA with child and is establishing a life for herself and the child in NJ. Dad found out and demands the child be returned to PA or else he will file a motion in PA. Not sure if mom left because of abuse, or even if it matters at this juncture, however since she has only been in NJ for two months she is not a bonafide resident of this state yet. Any ideas on how to help her file/stay with the child in NJ? DOn't know mayn facts yet but any insight available would be appreciated.

    TIA
    Eric Hannum

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    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
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  • 2.  RE: Residency Issues

    Posted 02-09-2018 09:59 PM

    Eric,

      Possible abuse does matter, because the DV laws don't have the same residency requirements.

      Without abuse, however, I don't think you do (or should) have a good case.

      Don't forget the PKPA.

    Regards,

    Ed

     

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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