QUESTION
Who gets custody if one lives in ny and the other in nj
Asked on Mar 20th, 2014 on Child Custody - New York
More details to this question:
My daughter lives with me here in nj. My granddaughter goes back and forth to ny where her father lives. He is taking my daughter to court for custody. We don't want here to live in ny we want her here in nj. What do we do?
1 ANSWER
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If your daughter has been residing in NJ for six months or more, you should file to dismiss the NY case and file your own case in NJ immediately. The UCCJEA prohibits shopping around for the best state court - the courts can only take a case if the child has been living there for six months or more. If she's with you most of the time and her residence is NJ, you need to make that clear, otherwise you will end up stuck in New York. This is a complicated issue and I suggest you get an attorney to help you in your NY case and to start an immediate case in NJ. Good luck!
Answered on Mar 21st, 2014 at 9:31 AM