Old custody order

[hallk18]

My husband's 14 yr old son lives with he and I and has for the past three years. There is a 9 yr old custody order issued from New Jersey that gives him, the child's mother and grandmother all joint custody with primary physical custody residing with the grandmother. The grandmother willingly let him come to live with us three years ago. We all live in PA now. The grandmother is now threatening us telling us that she is going to take him away from us when she does not agree with somthing that we do or say. Is that New Jersey order enforceable? My husband and the child's mother were going to draw up and agreement between the two of them, not including the grandmother, but I was not sure if that new Jersey order would prevail. What can we do?

Keri

 

[Scooterdog]

Yes and No lol. Thats law for you.

Yes, the original order is good. There is something called the Uniform Child Custody Jurisdiction Act or UCCJA. This will be applied in this case.

The question comes down to modifing the order, and who can do that? PA, has to by the act, give "FULL FAITH AND CREDIT" to the original order. NJ would have "continueing" jurisdiction.

BUT, the child (young adult) has resided in PA for more than six months. This give PA a claim to modify the original order. Also, by PA law, this young man may be of age that his testimony of where he wishes to be could carry more weight.

Document everything. Conversations, time of, phone calls, etc.., your going to need it.

The trick is to fire the first blow. This is something you really need to think about, because once you start, you have a can of worms on your hands. But, if you were to file a modification in PA, and granny responds, you have her in PA. The worst that would happen, is she could not respond, file in NJ, and both court would have a hearing to determine jurisdiction. You of course, would argue the time the young man resided in PA, as does his father, care has been provided for 3 plus years, in PA, the convience of the hearing is in PA, not NJ, and that the UCCJA does apply to this case.

The other thing to do, is wait. But, if Granny files in NJ, you can file in PA, and the same as above would apply. But, being a second in this situtation may weigh more in the courts eyes, to where they would say NJ would be the better forum, correct forum.

 

[hallk18]

Thank you very much. I thought that the New Jersey order would stand but was being told otherwise. (Hey what do I know I am only the kid's stepmother right? ) I think that its going to be a tough call, I can see the argument for waiting so as not to open the can of worms but I can also understand why my husband does not want to. I could not imagine someone telling me that they were taking my daughter away from me.

Thanks for the info

 

[Scooterdog]

You can google the UCCJA and read up. That was one of the hang ups in my case, and lawyers pumping me full of mis-information.

The key is to file first in PA. In a family case, it tough when you are the defendant/respondant. Plus, if Granny responds to the PA action, they get jurisdiction over her.

There is also the chance granny won't respond, won't do anything, and your husband wins by default. He just give the judge an order(unless the judge wants to make the order) and if its what he said in court, they sign it. Two times to the court house could be a win.

Most family law cases are closed to the public. Your husband can request this, so it would just be the responds, him, you, kid, judge and some court personel.