NJSBA Family Law Section

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  • 1.  UCCJEA filing requirment

    Posted 05-12-2018 04:50 PM

    Listmates,

    Procedural question, I have a client who has been in New Jersey now for 5 months with her 2 year old child.  No previous orders filed, and as of now she is only one month away from making NJ the child's "home state".  Client is worried that dad, from VA, will file paperwork in VA requiring she and the child come back despite her having as job, home, familial support, etc. now available to her in NJ.   After glancing at the UCCJEA, I was just wondering can I file the necessary pleadings now, and by the time we are heard in court the child will have been here for six months giving NJ jurisdiction, or do I have to wait until the six months has passed before I can file the paperwork? Any guidance is greatly appreciated. 



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    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
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  • 2.  RE: UCCJEA filing requirment

    Posted 05-12-2018 10:09 PM
    Eric -
    <x-tab>        </x-tab>I don't recall the exact provision, but under your facts, if the child has been a resident here, then no state has jurisdiction since there's no home state and no previous proceedings. It may called "vacuum" jurisdiction? This assumes, of course, that VA party consented to the relocation to NJ.
    <x-tab>        </x-tab>It would be safer to wait a couple of weeks until you hit the six month mark but, if you can't, I think you can get jurisdiction here.

    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
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