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  1. #1
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    Sep 2018
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    Default Where to File a Paternity Case if the Mother Lives in a Different State

    My question involves paternity law for the State of: PA and NJ

    I live in PA, but the baby was born in NJ. I filed in PA where I live but the mother refuses to come to court for DNA testing. Should I filed in NJ to make her come? I have another court date in PA, what will the judge say to do next if she don’t show up? She have been served, she even called the courthouse to say she not coming. What to do next?

  2. #2
    Join Date
    Oct 2006
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    15,616

    Default Re: Which State to File

    Quote Quoting Nicole424
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    My question involves paternity law for the State of: PA and NJ


    I live in PA, but the baby was born in NJ. I filed in PA where I live but the mother refuses to come to court for DNA testing. Should I filed in NJ to make her come? I have another court date in PA, what will the judge say to do next if she don’t show up? She have been served, she even called the courthouse to say she not coming. What to do next?
    If the baby was born in NJ your state does NOT have jurisdiction and therefore you should not have filed in your state. NJ has jurisdiction and you should have filed there.

  3. #3
    Join Date
    Sep 2010
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    Default Re: Which State to File

    Eh? Where the baby was born is immaterial if it comes to the venue for a court paternity action. In both NJ and PA, the action must be filed where the CHILD RESIDES.

    PA Rule 1930.6. NJ Rule 5-2.

  4. #4
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    Default Re: Which State to File

    Quote Quoting flyingron
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    Eh? Where the baby was born is immaterial if it comes to the venue for a court paternity action. In both NJ and PA, the action must be filed where the CHILD RESIDES.

    PA Rule 1930.6. NJ Rule 5-2.
    The OP did imply that the child was residing in NJ with mom. However you are correct, I should have said that if the baby was born in NJ and continues to live in NJ that NJ has jurisdiction.

  5. #5
    Join Date
    Jul 2018
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    Default Re: Which State to File

    Is the fact that you live in PA the only basis on which you filed the paternity papers in PA?
    Quote Quoting Nicole424
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    the mother refuses to come to court for DNA testing.
    Does this mean you served her with the paternity paperwork and she failed to respond in any way? Why would she have "to come to court for DNA testing"? The testing isn't going to be done in a courtroom.
    Quote Quoting Nicole424
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    Should I filed in NJ to make her come?
    If that's where the mother and child live, yes, you should have filed there.

  6. #6
    Join Date
    Sep 2018
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    Default Re: Which State to File

    Thanks will file in NJ

  7. #7
    Join Date
    Jul 2018
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    Default Re: Which State to File

    Quote Quoting jumanji
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    pg.... the most reasonable presumption would be that this is a third party. Which turns out to be correct, eh?
    That's what the OP wrote, but I couldn't really care less. Everything since post #6 in this thread has been silly and pointless.

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