Legal Question in Family Law in New York
Can Jurastiction be changed?
My six year old and myself have lived in NJ for three years now. We have a NY custody agreement but I would like to move this to the state of residence. Under the Uniform child custody act it states the residence of the child should take the case. However I am told it will forever be in NY merely because the father lives there. Despite over two years of no shows and not so much as a phone call to talk to our child is the law really so biased against women that all this father has to do is live in NY to get rights?
He does not see or write to our son so how can their still be a relationship with either the father or NY?
1 Answer from Attorneys
Re: Can Jurastiction be changed?
Since the child lives in New Jersey I would think that New Jersey would allow you to docket whatever judgment governs child support and take jurisdiction. You can enforce child support in New York because you apparently took him to court there, but I would expect New Jersey to take jurisdiction.
If you are married you husband could probably adopt your son since his father seems to have abandoned his parental role.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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