Legal Question in Family Law in New Jersey
Change in custody
I am the non-custodial parent living in Arizona. My 14 year old daughter would like to remain in Arizona rather than return to her father's residence following the summer visitation. Would I need to file for a custody order in AZ or NJ? Will my daughter's wishes be taken into consideration? She has a 16 year old brother who wishes to return to the father's residence following the summer visitation.
3 Answers from Attorneys
Re: Change in custody
The general rule of law in New Jersey, and elsewhere, is that the state with the primary jurisdiction is that state where the child resides, i.e., where he lives the majority of the time. Here, that appears to be New Jersey. In order to save time and expense it appears your best choice is to file an application in the New Jersey county where the father lives.
Re: Change in custody
The modification action would need to be filed in the same state where the current orders are located.
I only practice law in AZ, but here, the child's wishes are one factor among many that the court would consider in deciding the modification.
I hope this information is useful.
Sincerely,
Monica H. Donaldson
Re: Change in custody
I have read the reply by Monica Donaldson, an Arizona Attorney, and as a New Jersey attorney my opinion is the same as to how the question would be answered by a New Jersey court.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
800 273 7933
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