QUESTION

Custody

Asked on Apr 23rd, 2018 on Child Custody - New Jersey
More details to this question:
January 17 I was granted custody of a friends 5 week old son, through New Jersey court. . The child and I along with my family and his grandmother, sister and cousin, plus some of the grandmothers family live here in PA. The mother had intentions of moving to PA, in which she still does but currently resides in New Jersey. Custody order states that visitation is dependent upon her and I agreeing. She visits with him weekly. Due to weather and such there has been times that I have taken him down to NJ to see her. I also have sent photos along with getting his pictures done professionally and giving her along with her mother those pictures. Via the grandmother there is to be a custody hearing next friday in which the mothers 2nd counsins are going after her and the father for custody in NJ. Should I not have been notified since I have custody and does NJ have jurisdicton over the case since we reside in PA?
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Thank you for your question.  I know how worried you must be about the custody of the child over whom you have custody.    The short answer is that you should immediately contact an experienced family law lawyer to ensure that your rights are protected.  Both Pennsylvania and New Jersey have adopted the Uniform Child Custody Jurisdiction Act as well as the Uniform Continuing Child Custody Jurisdiction Act which both detail in great length which state will have jurisdiction over child custody matters when parents and caretakers reside in different states.  As the legal custodian/guardian you should continue to have legal “standing” and be notified of all court proceedings regarding the child so that you can participate in any and all court proceedings.  An experienced family law lawyer can explain the various statutes and how they apply to your case.   In New Jersey, in all cases involving the health safety, and welfare of a child, the court must always determine the best interests of the child.  The court can award custody of a child to either biological parent or in certain circumstances,  to caretakers, such as yourself.  Custody is comprised of both “legal” and “physical” custody.  The court must apply several factors to determine the best interests of the child while weighing the rights of both parents and the “caretaker” as well as the right of the child to continuing and frequent contact with both parents and the “caretaker”.  Among those factors are  the fitness of the parents and caretakers as well  as the safety of the child when in each parent’s care and custody, and the needs of the child(including emotional and medical needs).  It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and the child’s interests are protected.     I hope this information was helpful to you.
Answered on May 03rd, 2018 at 10:07 AM

The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.

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