NJSBA Family Law Section

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  • 1.  UCCJEA

    Posted 01-03-2017 12:22 PM

    Potential client called re: custody action filed against her by child's father in PA.  Client and daughter have lived in NJ for several years and she wants to transfer case to NJ as it is now the home state for the child..  In order to do so, she must first petition PA to release jurisdiction, correct?

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    T. Sandberg Durst Esq.
    Trenton NJ
    (609)436-9079
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  • 2.  RE: UCCJEA

    Posted 01-03-2017 12:45 PM

    Jurisdiction is in PA until transferred by the court in PA. Are you sure your client's better of in NJ?

    ccs

     
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  • 3.  RE: UCCJEA

    Posted 01-03-2017 01:37 PM
    PA must relinquish jurisdiction on support issues - NJ can't assume it. That's the big change between the UCCJA and UCCJEA.

    Just remember, the law of the first state to enter a child support will govern for the child's entire life, no matter where the parties move. Comes up with PA cases a lot (no college, emancipation at 18 & out of high school, etc) - Marshak v. Weser, 915 A.2d 613, 615 (N.J. Super. Ct. App. Div. 2007)  and cases citing it (many unpublished reversals where a NJ judge attempted to order payment for college even though first CS order was from NJ - https://scholar.google.com/scholar_case?about=16550782748943351147&q=marshak+weser&hl=en&as_sdt=4,31 ).

    I don't know about custody issues, but if you've got the custodial parent, you absolutely want the first CS order to be entered here.

    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



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