Legal Question in Family Law in New Jersey
1. This is a NJ divorce decree and support order (child support)
2. The father lives in NJ
3. The Mother and child lives in NC
4. In NJ the child is emancipated at the age of 21
5. In NC the child is emancipated at the age of 18
6. NJ still holds jurisdiction over this matter
Question: Can the Father file in NJ to emancipate the child because the child and mother resides in NC?
2 Answers from Attorneys
New Jersey is not going to apply the law of another state to a matter which was started in New Jersey and went to final disposition, The controlling document is the New Jersey judgment of divorce. The father should not rely upon the hope that New Jersey will give him a favorable ruling
unless the child meets New Jersey standards for determining the issue of emancipation. If the father moved to North Carolina he could ask the New Jerrsey court to transfer jurisdiction to
North Carolina,
not clear, depends on how long the child lived in NC, how old the child is.
call me to discuss,
Robert Davies 201 820 3460
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