ExpertLaw.com Forums

How to Transfer a Custody Case After Both Parents Move

Printable View

  • 12-31-2016, 12:03 PM
    lawfacts
    How to Transfer a Custody Case After Both Parents Move
    A couple in California divorced. The mother moved to Nevada and the father moved to New Jersey, with the father having primary custody of the child. For the past eighteen months the mother has had no contact with the father or child. The father wants to get an order that will allow him to get a passport for the child, as he cannot find the mother in order to get her consent. How can he get jurisdiction transferred to New Jersey?
  • 12-31-2016, 12:38 PM
    Mr. Knowitall
    Re: How to Transfer a Custody Case After Both Parents Move
    He will file a UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) petition to have the case transferred to New Jersey. He will have to serve notice upon the mother and, if she cannot be located, it will be necessary to get the court to authorize substituted service. With both parents and the child having moved out of California, and with the child having been in New Jersey for well over six months, the transfer of the case should not be an issue. The New Jersey could would then have jurisdiction to either modify custody or to issue an order allowing the father to get a passport.

    It would likely be helpful for him to seek help from a lawyer to prepare and file the UCCJEA petition, as I don't see any standard forms for that purpose in New Jersey.
All times are GMT -7. The time now is 12:17 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved