QUESTION

How can I change my visitation and move my court case to Delaware?

Asked on Apr 30th, 2025 on Child Custody - Delaware
More details to this question:
My court order for visitation is set up in New Jersey and I’m currently trying to get sealed certified copies so I can register in the state I live which is Delaware. I also have a court order from New Jersey that I have sole residential custody and I make all the major decisions for child; health , education, welfare, and activities of daily living. It has been a fight on everything with my son’s father as he demeans me constantly talks down to me , tells my son to lie and he exposes my son to sexual predators. I can no trust this person to keep my son safe. He is threatening to show up to my house after I did not tell him where I live and demands me to call him and put him on school forms. Also if my court orders are from state of New Jersey then does that mean that are not to be enforced in the state of Delaware? I am trying to modify to visitation so I am going to register the order regardless
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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Because your original custody order was issued in New Jersey, that state retains what's called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—which both New Jersey and Delaware follow—until certain conditions are met. Typically, jurisdiction can shift to Delaware if: Neither parent (nor the child) lives in New Jersey anymore, or New Jersey finds that it no longer has a significant connection to the child and agrees to let Delaware take over. Registering the New Jersey order in Delaware is a necessary first step, but that alone does not automatically give Delaware jurisdiction to modify it. You may need to file in New Jersey first to either request a transfer of jurisdiction or seek a modification there if New Jersey still qualifies as the home state. Given the serious allegations about the father's behavior, you should also consider whether an emergency custody filing is warranted under Delaware law once the order is registered. That can sometimes temporarily override normal jurisdictional rules. These are complex jurisdictional and procedural issues, especially when your child's safety is involved. While my focus is as an appellate lawyer handling custody appeals and complex jurisdictional issues, I recommend working closely with a Delaware family law attorney who can coordinate efforts with counsel in New Jersey if necessary.
Answered on May 04th, 2025 at 7:41 AM

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