Must Live In New Jersey To Use New Jersey Courts

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Recent decision has impact for traveling athletes, and that is if you do not live in New Jersey, you cannot have New Jersey courts modify your court orders.

Superior Court Judge Sohail Mohammed, in a ruling released Tuesday, held that because the child and both parents do not live in New Jersey, the state lacked jurisdiction under the Uniform Interstate Family Support Act. While a player for the Giants, Ahmad Bradshaw had been living in Clifton, N.J. As of the decision, he has been living in Virginia for about 2 years and is now a free agent. The child, born out of wedlock, was born in Virginia in 2010.

The child’s mother sought support for the child in 2011 when Bradshaw was still playing for the Giants. She and the child never lived in New Jersey. Bradshaw took the position that since he was no longer in New Jersey, the courts here lacked jurisdiction over him. The child’s mother took the position that because the Order was originally issued in New Jersey, under UIFSA, New Jersey could modify the Order.

The court found precedent from case law in Louisiana and Kansas courts that held that once the parties leave the state, the court loses jurisdiction.

Read more: http://www.njlawjournal.com/id=1202644719260/NFL-Player%27s-Change-of-Teams-Means-N.J.-Court-Can%27t-Rule-in-Custody-Case#ixzz2uZ1U5l8u

 

Topics:  Jurisdiction, Personal Jurisdiction, Residency Requirements, Residency Status

Published In: Civil Procedure Updates, Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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