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    MrJorgeO's Avatar
    MrJorgeO Posts: 3, Reputation: 1
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    #1

    Aug 29, 2011, 11:55 PM
    Can I file for Exclusive Jurisdiction in CA if I have a Child Custody Case in NJ...
    I live in California and I have a son who is 14 now and was born in NJ. I opened the case in 2001 due to his moms abusive husband beating on my kid, but nothing ever happened I was just given the run around and until this day I never got custody. The mother then gave up custody to her parents and my son has been living with the grandparents since maybe the age of 3 unofficially and legally since 2004. The court granted them custody without even taking me into consideration.

    Last week I received a call from the Dept of Child Services in NJ and they stated that the grandfather had an open case from 1997 for Child Molesting and that it was ordered for him to NOT reside in any homes where minors lived, THE COURT MISSED THAT WHEN THEY GRANTED HIM CUSTODY, now CPS is all over them and have removed him from the home and asked a judge to enforce the order and he not reside in any homes containing minors. I then had my son come for vacation here in CA where he is now and has been here for about a week and is scheduled to go back on the 9th of Sept. There is a court pending on Sept 20th and the CPS is going to recommend the full custody be granted to me and allow my son to relocate to CA and live with me (my son is 101% willing to do so as he loves it here and says he wants to stay), but I feel it will be very troublesome if indeed he returns out to NJ starts school and a few weeks later the court grants me custody then he would have to eject school and travel back to CA. The dept of CPS states that since the negligence was great on behalf of the court and I have a good job, 1 br apt to myself and means to support my son, there is a very high chance the court will have to concede to this. But I still would kike to take additional measures just in case the court decides to act dumb.

    So here is my question, Is there anything legally that I can do here in CA to prevent my son having to return to NJ and that wacked up family ? As I am really concerned with my sons well being. I am truly disgusted with the NJ family court's negligence in investigating prior to handing custody over to an alleged sex offender.

    I really need help or advice soon as I am pretty much alone in this and have no help as a father its hard as no courts want to hear you out.

    Can someone help me with legal advice or point me in the right direction? I would be more than glad to speak to someone and show the documents if needed.
    MrJorgeO's Avatar
    MrJorgeO Posts: 3, Reputation: 1
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    #2

    Aug 29, 2011, 11:58 PM
    Let me add that me and the mother were NEVER married.
    MrJorgeO's Avatar
    MrJorgeO Posts: 3, Reputation: 1
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    #3

    Aug 29, 2011, 11:59 PM
    And I have a clean and clear social/criminal/driving record... im 100% fit to have custody
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Aug 31, 2011, 07:32 AM
    Quote Originally Posted by MrJorgeO View Post
    So here is my question, Is there anything legally that I can do here in CA to prevent my son having to return to NJ and that wacked up family ?
    Honestly-you do not have legal standing in Ca because NJ is "the home state" and NJ has jurisdiction over all child custody proceedings.
    Quote Originally Posted by MrJorgeO View Post
    I am truly disgusted with the NJ family court's negligence .
    Me ,too;)

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