Legal Question in Family Law in New Jersey

I relocated with consent to South Carolina in July of 09. We went to court and came up with a parenting plan that worked best for us both. We would alternate spring and winter recess and he would get the kids for the whole month of June when school ended. Now I have been served with a motion because he wants spring winter and summer... Even though what we came up with covered all of that. He barely calls his children and he is suppose to have them for this winter break and refuses. He also has an outstanding warrant for his arrest for child support and he has the right still to file a motion. I don't know what to do... Does New Jersey still have jurisdiction over my case...!? I need advice... Thanks!


Asked on 12/19/09, 9:07 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Anyone can file a motion. You raise a valid question because jurisdiction over children is uauslly based on the residence of the children. The answer might be that South Carolina has jurisdiction. Answering your question require some research which can be done for the motion

which must be answered in any event because it could be enforced in your state if it is granted because you fail to oppose same. You will have to raise the issue of jurisdiction in the context of anwering the motion.

Call me if you like.

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Answered on 12/25/09, 5:05 am
Robert Gleaner Robert A. Gleaner, P.C.

Your question cannot be easily answered here. Jurisdiction would depend upon what was or was not stated in the documents that were completed in connection with your move to South Carolina. In answer to your other questions, anyone can file a Motion and you must respond. You also may want to file a cross-motion to enforce child support arrears.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 12/25/09, 8:31 am


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