Child Custody Law in NJ

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Latest post Thu, Nov 17 2016 6:58 AM by DOCAR. 11 replies.
  • Sat, May 7 2016 6:14 PM

    Child Custody Law in NJ

    Greetings Everyone,

    I am new to the group and have a question regarding Child custody.  My daughter recently moved to NJ with the father of their 1 yr old.  She has been there for about 3-4 months.  She mentioned that she wanted to move back to SC with the child but was told by the father of the child that because the child has been there, he has a say so legally in whether the child can leave (relocate) and return back to SC. He also stated that the child can visit family members in SC but would have to return to live. Is this true and where can I look up this law?

  • Sat, May 7 2016 8:32 PM In reply to

    • Kivi
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    Re: Child Custody Law in NJ

    In most states, it takes six months of residency before that state will assume jurisdictiion for Child Custody/Support purposes. All states are aware of the fact that individuals with these kinds of "domestic disputes" may want to "forum shop", so there is almost always a local residency requirement before you can take a dispute like this to a local family court.

    I don't think she, bioDad, or the child have been in NJ long enough for that state to have jurisdiction if they have only been there three or four months. Please note that I am not an attorney. Also, be sure you doublecheck how long they have been there and be prepared for the possibility that he may "fudge" the facts about how long they have been in NJ, if this matter were to go to court in NJ.

    They do not appear to be married. Is his paternity legally established? When the parents are married, the law presumes that the husband is the legal father. But, if the parents are not married, there is no such presumption in place, even if everyone knows they have been living together for years and are certain that he is bioDad.

    Did he acknowledge paternity at the time of the birth of the child, etc. by signing a declaration of paternity or do whatever the state of birth would like to see. If his paternity is not legally established, he may not have any kegal rights until that step occurs even if the child meets the six month residency requirement. However, if they have been in NJ for six months, NJ likely would have legal jurisdiction over the child rather than the previous state of residence.Generally, when the parents are unmarried and have separated, DNA testing usually is used to establisah legal paternity, typically in a child support proceeding.

    It looks like she and bioDad are having "issues". She should not take her legal advice from her potential adversary.

    Finally, regardless of which state has jurisdiction, he will have legal rights once his paternity is legally established, if they separate.

    Advice on a message board like this is worth about you paid for it. That would be especially true here because a lot of relevent info (the paternity info) is missing from your post.

  • Sat, May 7 2016 11:24 PM In reply to

    Re: Child Custody Law in NJ

    Kivi gave great advice (as usual). The bottom line is, without a court order Dad can talk all he wants but he really cannot prevent mom from leaving the state esp if she only wants to vists SC. Neither parent has met any jurisdiction requirements, so if Mom happened to move back to SC, as soon as Dad has met the 6 month mark in NJ he can try to file something in court. If they are unmarried he has few rights. If Mom wants to move and leaves with the kid, Dad can try to take her to court but it appears he hasnt quote been in NJ long enough but who knows what he will try to do.

  • Sun, May 8 2016 6:07 AM In reply to

    Re: Child Custody Law in NJ

    Thank you so much, Kivi for responding and I do apologize for leaving out information.  No, they are not and have never been married. He is originally from NJ and my daughter is from SC and my granddaughter was born in SC as well.  My daughter claimed my granddaughter on her taxes also.  As far as I know, he has not legitimized my granddaughter yet.  Does legitimizing mean the signing of the birth certificate of when they pay a court fee and do it there?

  • Sun, May 8 2016 6:09 AM In reply to

    Re: Child Custody Law in NJ

    Thank you so much  OliviasMom.

  • Sun, May 8 2016 9:47 AM In reply to

    • Drew
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    Re: Child Custody Law in NJ

    Your daughter would be smart to get her fanny  and the child to her preferred jurisdiction safely ahead of any deadline for NJ jurisdiction to apply. 

     

    She he needs to double check if dad is dad by any relevant standard in the relevant jurisdiction...if he is not offical,dad he has zero say in anything until paternity is in place. 

    NJ has far more favorable rules as College long term, Dad is on the hook to,pay for college..and if best interests of child are met by later moving to NC for mom to have better job ..that may be pretty liberal 

    Its not entirely one sided ...and until dad is determined to be dad , she is unlikely to get child support ..and to relocate to NC may delay those steps a bit. 



  • Sun, May 8 2016 10:06 AM In reply to

    • Drew
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    Re: Child Custody Law in NJ

    IF they executed a voluntary affadavit of paternity in NC I Think that establishes. Dad as dad, but does not confer any custody or visitation rights nor duty to pay CS.



  • Sun, May 8 2016 10:16 AM In reply to

    • Drew
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    Re: Child Custody Law in NJ

    whoops ..should be SC not NC......

    Some of this residency and domocile stuff gets awfully grey real fast ....and its quite possible,that a SC native with a SC born child who does,not,sever all her SC ties but moves short term to,test the waters elsewhere such as NJ , is still treated as a SC resident upon her prompt,return to,SC ...I,don't know but Imsure,would,check ! 



  • Mon, May 9 2016 9:50 AM In reply to

    Re: Child Custody Law in NJ

    When a child is born to an unmarried woman, no man has any legal rights regarding the child until paternity is established and (depending on the applicable state law) the court enters orders allocating parental rights between the parents.  Being identified on a birth certificate as the father, by itself, does not establish paternity.  However, in many cases, in order for a man to be identified on a child's birth certificate, one of the following must be true:  (1) the man must be married to the mother; or (2) both the mother and father must sign paternity acknowledgments.

    In your daughter's case, at a minimum, she and the father have identical rights, which means either of them may legally take the child anywhere (within the U.S.) with or without the other's knowledge or consent.  The alternative is that your daughter has superior rights.

    That being said, moving with the child but without making arrangements acceptable to both of them or a court order would be patently unfair -- to both the non-moving parent and the child.

  • Wed, May 11 2016 12:49 PM In reply to

    • Drew
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    Re: Child Custody Law in NJ

    Therefore it is double important that Mom quickly sort thru the rules of SC residency with SC  counsel if she expects to be under SC umbrella ..and be sure not to be in Nj  any much longer!!! .



  • Wed, Nov 16 2016 8:53 PM In reply to

    • Glen Verner
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    Re: Child Custody Law in NJ

    Yeah, it is very important to know the rules of custody laws. For this important phase in your life. I would suggest to hire a lawyer for your help. My friend faced the same situation and she hired Bechara Tarabay, on someone's recommendation and he helped her a lot.

  • Thu, Nov 17 2016 6:58 AM In reply to

    • DOCAR
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    Re: Child Custody Law in NJ

    Really, an attorney from Paris would be of no help to a person in NJ or SC.

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