Legal Question in Family Law in New Jersey

Re: what can i do?

Hi,

I would file an action immediately. You can file in New Jersey, but it will be heard in Georgia under the Uniform Custody Act .

The overall spirit of the Uniform Child Custody Jurisdiction Act is that the courts of the various states involved should cooperate to figure out what court is the most appropriate to hear the case. In your case it will be GA because that is the child's home state.

Under the Uniform Child Custody Jurisdiction Act, a state's court will hear the case if any of the following is true:

The state is the child's home state.

The state had been the child's home state within six months before the case started, and the child was moved out of the state, and a parent or someone acting as a parent lives in the state.

It is in the best interest of the child for the court to take the case because the child and at least one parent have a significant connection with the state, and there exists in the state substantial evidence about the child's present and future care, protection, training, and relationships.

The child is present in the state and there is some kind of emergency, such as an abusive parent or neglect.

It appears that no other state will take the case and the court determines that it is in the best interest of the child that this court do so. The court generally will not take a case if the matter is already being heard elsewhere. The court will generally honor the custody decrees of another state.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: what can i do?

I don't see where in your question you reference where the child was born. If the child was born in NJ then you file in NJ. If in GA, then you file there.

I suggest you meet with an attorney as you have a rather complicated issue going on. My initial consultations are always free, so call me at 732/247/3340 if you'd like to discuss your case.