New Jersey Custody Jurisdiction
In a recent ruling, the New Jersey Appellate Division reiterated that once the New Jersey Family Court determines that it has jurisdiction over custody, by statute under the UCCJEA, only the New Jersey Family Court can relinquish custody jurisdiction to another State. This ruling is crucial in addressing many custody matters involving parents, or third-parties such as grandparents, who may seek to move with a child to a different State, and then bypass New Jersey’s custody jurisdiction.
Family Courts outside New Jersey are not permitted to assume and/or transfer jurisdiction to other States without first notifying New Jersey courts after New Jersey has established itself as the initial Family Court with custody jurisdiction.
“Family Courts outside New Jersey are not permitted to assume and/or transfer jurisdiction to other States without first notifying New Jersey courts after New Jersey has established itself as the initial Family Court with custody jurisdiction.”
Further, under the court rules, the trial court in New Jersey must explain its decision to relinquish custody jurisdiction to another State if it chooses to do so. As an example, if two divorced or separated parties consent to permit one parent to move out of New Jersey with a minor child(ren) to California, but agree that New Jersey shall maintain custody jurisdiction, no other Family Court can address custody matters without New Jersey first relinquishing custody jurisdiction, and explaining its decision to do so.
The UCCJEA helps maintain consistency across states in matters of custody and parenting time. Since the statute can be complex, reach out to us today before moving forward with your custody case.
