Legal Question in Family Law in New Jersey
Child Custody
My son-in-law kicked my daughter and their 3-year old child out of their marital home in Maryland. She has been with me in NJ for 2 weeks now. Can my daughter file papers in NJ for custody of the child or does she have to do that in Maryland. They only lived in Maryland for 6 moonths.
2 Answers from Attorneys
Re: Child Custody
Where was the child born? I know nothing about Maryland law, but in NJ, you have to file for removal in NJ if the child was born in NJ. Now, if Maryland has that, I have no idea. But how did the child get to Maryland?
Before you even start to think about filing anything in NJ, you have to first make sure no other state has jurisdiction over the case.
Re: Child Custody
From the facts as given it sounds as if they lived in New Jersey and took up temporary residence in Maryland. If so, an argument can be made for New Jersey to have jurisdiction. Especially if he left them "high and dry" as it is said.
One of my colleagues has a similar case pending right now where one parent took the child to another state and we were able to succeed with NJ as having jurisdiction.
Each case depends on the facts and you should see a lawyer as soon as possible for advice or to take action.
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