Ask Me Help Desk - Jurisdiction change

I just stumbled across this site. I am in desperate need of legal advice. My daughter was born in CA and I lived there with her and my ex till she was 2 1/2. We divorced and he agreed that I could move back home to NJ with her. We have legal paperwork and already went to court once in CA for child support and visitation. We are going back again soon for modifications. I want to know if I can get the jurisdiction changed to our home in NJ. I was reading a little about the other ladies problem (VA), but do you know if this would be the same for me? :)

Quote:

Originally Posted by jerseymom2

...My daughter was born in CA and I lived there with her and my ex till she was 2 1/2. We divorced and he agreed that I could move back home to NJ with her... We are going back again soon for modifications. I want to know if I can get the jurisdiction changed to our home in NJ.

What is "going back again soon for modifications" about?

You didn't indicate how long you have lived in New Jersey, and whether you are now a resident of NJ. All I can offer, at this point, is a quirky answer, but some legal answers are peculiar! It may be that he cannot modify without filing the modification in NJ because the CA court no longer has jurisdiction over you or the child; and, it may be that you will have to file for modification in CA because the NJ court has no jurisdiction over the father. Your divorce decree may contain some language about how modifications are to be transacted.

No. Assuming your ex still resides in California you cannot modify child custody or child support in New Jersey. California has continuing exclusive jurisdiction over both custody and support and will always have it as long as your former husband continues to reside in California. It's as simple as that.

The relevant statutes (the same law is in effect in both states) are: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) [governing child custody jurisdiction] and the Uniform Interstate Family Support Act (UIFSA) [governing child support]. You might wish to wikipedia them to read how they work. These are uniform laws that all states have enacted (UIFSA has been around since 1998--every state in the country has had it since then because the federal government required the states adopt it as a part of welfare reform legislation in the 90's; the UCCJEA has been enacted in all but 4 states--Missouri, Massachusetts, New Hampshire and Vermont, but Missouri, Massachusetts and New Hampshire were suppose to get it in 2008. Even these 4 states have an older version of the same act called the UCCJA, which is simliar and operates the same way as the UCCJEA but is not as clear cut on some things--the UCCJEA is a kind of modernized revision of the UCCJA).

Technically, your ex could, if he wanted to, agree that NJ pick up child support jurisdiction. But that's totally his call. That's possible because UIFSA is a little more flexible than the UCCJEA. You can't do this with the UCCJEA, that is, you cannot by agreement confer child custody jurisdiction on a state (such as NJ) that doesn't otherwise have it. It doesn't matter what your divorce decree says in this respect.

If enough time passed (say many years) and your ex never saw the child and pretty much lost contact with her, the California court could, if it wanted to, relinquish child custody jurisdiction to NJ, but you'd have to ask the California court to do so, and it's up to a California judge to okay it. We have a fairly new case that makes it very difficult for California courts to give up jurisdiction so this is an extreme long shot in any event.

One final comment. If your ex were to move away from California, then you could modify child custody/visitation in New Jersey. However, in that instance you could only modify child support in the state he moved to (not NJ, unless he agreed to it, or in fact moved to NJ).

So, try to talk him into moving to Reno or Las Vegas and then the door's wide open for a custody or visitation mod in New Jersey (of course you'd have to go to Nevada in that hypothetical to modify support but custody jurisdiction would suddenly open up for you where you are now). Of course the best would be for him to move to NJ, then it all would be open for modification right where you are.

Check this: "Declining Jurisdiction
Under the UCCJEA, a court with initial
jurisdiction; exclusive, continuing jurisdiction;
or modification jurisdiction may
decline to exercise jurisdiction on two
grounds: inconvenient forum and unjustifiable
conduct.
Inconvenient forum. Under section 207 of
the UCCJEA, a court may, after taking into
account specified factors, determine that
another State is better able to decide custody.
These factors include whether domestic
violence has occurred and, if so,
which State can best protect the parties
and child; how long the child has lived out
of State; where the evidence is located;
and which court is most familiar with the
case." (at p. 7) http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf
You have mentioned going back for modifications; I'm not certain what that means.

Quote:

Originally Posted by George_1950

Check this: "Declining Jurisdiction
Under the UCCJEA, a court with initial
jurisdiction; exclusive, continuing jurisdiction;
or modification jurisdiction may
decline to exercise jurisdiction on two
grounds: inconvenient forum and unjustifiable
conduct.
Inconvenient forum. Under section 207 of
the UCCJEA, a court may, after taking into
account specified factors, determine that
another State is better able to decide custody.
These factors include whether domestic
violence has occurred and, if so,
which State can best protect the parties
and child; how long the child has lived out
of State; where the evidence is located;
and which court is most familiar with the
case." (at p. 7) http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf
You have mentioned going back for modifications; I'm not certain what that means.

Yes, but California case law has narrowing limited the situations wherein a court is permitted to decline jurisdiction. It's virtually impossible to get it now except in the most extreme cases where a non-custodial parent hasn't seen a kid for years and years and years.

Thank you for your reply. I have lived in NJ for 3 years and we are going back for child support modification and he wants increase visitation. Our original court order was in CA and my ex still lives there. I don't see him ever moving, so I guess CA will always have jurisdiction. I appreciate your help.

Where can I find the case law about California limiting it's declining of jurisdiction?

Where would I find information about how California courts decide whether to decline jurisdiction? Our case involves domestic violence, and we relocated four years ago, with court permission.