If your ex is a resident of New Jersey and your child is a resident of New Jersey, they can file for custody up until the time the child has become a resident of the new state. However, since you have custody now, a “competent” Judge will notice that you have custody, and would hopefully notify you of the ex filing for custody before he allows a hearing. Before you move, I would contact the clerk of courts where the ex lives, reference your case number, and give them your address and phone number where you’re moving to in N.C. Let them know not to change that information unless you contact them.

Since there is an existing order in NJ and since she will continue to live in NJ then NJ will continue to have jurisdiction until the NJ court relinquishes jurisdiction.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I live in NJ and am moving to NC in May. I have a consent order from my ex-wife to move my son whom I have custody of to NC. Is there a chance that she can get juristiction in the time period that I need to wait for NC to take Jurisdiction. The last thing I want is for her to get custody by default