Legal Question in Family Law in New York

Re: Jurastiction Problem

This must be more than just frustrating to you. You are correct: it is harassment and there are things you can do about it.

First, you can make a motion to the NY court to enable you to defend in NJ. This is made by motion on notice or by 'Order to show Cause'.

It is not a complex motion and you have a good chance of success. especially if you pursue my other recommendation.

You can address the 'harassment' directly. The police will not assist you, but you can take civil action. On taking such action, you can subpoena his telephone records and prove his lack of truthfulness. You will be entitled to damages if it is shown that he has made no effort to arrange visits but has initiated action against you for 'denying him'.

You can also get the subpoena from the Family Court judge, but that judge is less likely to grant the motion.

You are welcome to a consultation for no fee.

Re: Jurastiction Problem

Please be advised that:

a) NJ cannot modify or change a NY Court Order or Judgment in any way, without consent of the parties and the NY issuing Court.

b) NY is unlikely to relinquish jurisdiction, if it was the state within which, your divorce, along with custody and support issues were litigated and the judgment and orders, for same, were issued in NY.

c) NJ is compelled to honor and recognize whatever NY Judgment or Order, your Ex attempts to enforce in NJ, based upon "reciprocity" and inter state child custody "pacts" and federal law.

d) You should NOT assume that the "residency" rule concerning living in state for six (6) or more months," will insulate you or child, from NY's "retaining jurisdiction" claim over your custody issues.

e) NY's child support obligations continue until the child is 21 years old, notwithstanding a subsequent state's child support enforcement process. While, I believe NJ's child support ends two years earlier, at age 18. So, there is a money advantage to the custodial parent, in acknowledging NY's continuing jurisdiction.

f) You need to respond in person in NY, ASAP, to whatever action or motions are pending before the NY Court. If you are unable to appear, you may appear by attorney or "in person," by phone, with permission of the Court. You do not want to risk a full custody proceeding, when at this point, it appears that you merely need to revise your visitation arrangement.

Your dealings with your EX, are unlikely to end until your mutual child reaches majority. Even then, there are no promises.

Do not delay. Get a lawyer.

Good luck,

Phroska L. McAlister,ESQ

Re: Jurastiction Problem

Under the current interstate custody rules, if a NY court issuesd a custody order, a NJ court cannot address custody unless and until NY relinquishes jurisdiction. NY should relinquish jurisdiction because you and your son have lived in NJ for a number of years. However, you do have to raise that issue in the pending litigation and you have to respond to that litigation. If you would like to discuss this matter more in depth, please call my office to schedule a telephone consultation. Speak with Alexis. The number is 518-383-1182.