Custody Jurisdiction in NJ..Support Jurisdiction in NY...HELP!

[TPK]

Enclosed is a letter my attorney submitted the the NJ judge on 12/10.

As your honor is aware, I represent the plaintiff TPK, in the above custody action, which was prompted by the illegal removal of the child from this jurisdiction by the defendant in late August. Attached is a letter dated 12/6 from the NY family court to TPK in which the court confirmed that he was required to appear on 12/15 in response to a notice of child support proceeding. This letter was in response to my client's informing the court of the order to show cause hearing scheduled with your honor on 12/17.

In his application now before the court, my client is seeking a return of his daughter as well as to be designated parent of primary residence pending the outcome of the custody action. This suit was filed Oct 8th, before any action was taken in NY family court. Therefore, if your honor orders the child's return on the 17th, any support order entered in NY on 12/15 which obligates my client to pay defendant child support, would be contrary to the child's best interests as it will then become the defendant's obligation to pay support. If this is the outcome, my client would then have to apply to vacate the NY support order.

I can understand the NY family court's interest and duty to establish child support as soon as possible, and in principal my client would have no objection paying such an obligation if he believed the defendant was competent to parent the child. However, the circumstances of this removal contrary to  NJ law and the UCCJA, coupled with the defendant's refusal to have the infant vaccinated, to involve the father in the child's rearing or to have regular and voluntary well care visits with a Dr, warrants the child's return to NJ. Further, my client has done all in his power to bring about a swift resolution to this custody issue, but the defendant's evasive movements and misrepresentations to the NY family court about her residence and my client's behavior in the domestic violence papers has delayed the resolution of the issues in the initial order to show cause filed Oct 8th.

For these reasons, and in the interests of justice, I respectfully request that your honor communicate with the NY family court and request that court's approval to an adjourment pending your honor's ruling on 12/17. Otherwise, the result may be the courts' acting at cross purposes and contrary to the UCCJA and further, causing unnecessary legal expenses for the parties.

------

So, it's up to the NJ judge to communicate with NY, I pray he does.


1. What are the chances NJ judge picks up the phone??


TPK

[socrateaser]

>1. What are the chances NJ judge picks up the phone??

Pretty good, actually. I can see that your attorney feels better about communicating with the judge in his own jurisdiction, however, unless this is a different judge than the one who originally denied your prior request, then I don't see why there would be a different outcome here.

Also, your attorney's letter doesn't appear to be sworn, or backed up by any actual facts to support the allegations contained therein, so, while the judge may pick up the phone, he, and the judge in NY, will both be operating with no evidence.

So, if I were the NY judge, I'd say, "I'll take this all under consideration, but I want to hear the parties at the hearing before making a decision."

And, if I were the NJ judge, I'd be saying, "Where's your evidence to support the allegation in this letter?"

Now, you may have submitted all the evidence to the NJ court already through your pleadings, but I really need to ask a simple question -- why didn't your attorney file a support action simultaneous to the custody action? If he had done so, then none of this scrambling would be necessary, because NJ would have jurisdiction over both issues.

Anyway, I still think you're probably shooting yourself in the foot by trying to force jurisdiction back to NJ, based on all of the facts you've posted, but, I could be wrong, and you could get an award of temporary custody and thereby obtain grounds for an order of child support in your favor.

I hope I am. Hmmm, when was the last time I was wrong...oh yeah, I remember...it was...(continued next week, same time same station).

[TPK]

>
>Now, you may have submitted all the evidence to the NJ court
>already through your pleadings, but I really need to ask a
>simple question -- why didn't your attorney file a support
>action simultaneous to the custody action? If he had done so,
>then none of this scrambling would be necessary, because NJ
>would have jurisdiction over both issues


Yes, all evidence has been submitted already to NJ Judge.  A copy of attorney's letter also went to NY court. I feel this is my last chance to get this NY hearing adjourned. To me, it makes sense not to have 2 hearings in 2 states within 3 days.

At least postpone it til next week...sheesh!


I'm not sure I understand you about filing a support hearing in NJ. Are you saying I should've filed for me to pay my wife child support in NJ??



I filed my electronic testimony application earlier this morning. From what I understand, they usually deny or accept the application pretty quickly. I have not heard from them as of 3:45 ET, so maybe they're mulling over the jurisdiction issue.




>Anyway, I still think you're probably shooting yourself in the
>foot by trying to force jurisdiction back to NJ, based on all
>of the facts you've posted,

Maybe so. If wife gets custody from NJ, NY would still do the support part of it I guess. Who knows.





 but, I could be wrong, and you
>could get an award of temporary custody and thereby obtain
>grounds for an order of child support in your favor.

That's all I want for Christmas!

I had asked my attorney if I could waive child support from my wife if I got custody. He told me the NJ courts wouldn't allow that. It might sound like a dumb request, my hope was NJ judge would consider it and make it easier for him to give a father custody.

I'll let you know what happens.

TPK

[socrateaser]

>I'm not sure I understand you about filing a support hearing
>in NJ. Are you saying I should've filed for me to pay my wife
>child support in NJ??
>
Yes, that's exactly what I'm saying. From the judge's perspective, if you file for support and custody, then you are showing that you are not attempting to avoid your responsibility and that you are merely interested in the child's best interests.

Of course, if you win the custody action, then you would get an order in your favor.

But, by only filing for a custody action, you appear to be avoiding the double-edged sword -- and, there's no percentage in trying to do that, because, as has happened to you here, you now have two actions to defend, where you could have been only dealing with one.

I'm not sure what your attorney's rationale would have been, here. Seems like if it was his idea, then he shouldn't be charging you now, because "but for" his not filing the support action with the custody action, none of this other stuff would have been necessary.

Anyway, good luck at the races.

[TPK]

>Yes, that's exactly what I'm saying. From the judge's
>perspective, if you file for support and custody, then you are
>showing that you are not attempting to avoid your
>responsibility and that you are merely interested in the
>child's best interests.

I feel I am only looking out for the child's best interests. Keep in mind that I have no parenting time since Aug 29th, and that I'm concerned about the lack of medical attention, vaccinations and so forth. The child is being kept away from her only grandparents (my family). Wife's father is dead, mother has dementia and was deemed incompetent earlier this year so she can't care for the child if needed. Not to mention that fact that my wife keeps the child away from her brothers, and that I would make sure the brothers see child if I got custody. Child's only cousins near the her age are all here in NJ.

Nobody has had a chance to bond with my daughter. My parents live 20 minutes away and have seen the child 6 times since birth!

How can I pay support when I don't even know where she is?? When we were together our daughter had anything she needed, including a $650.00 health coverage bill every month which I'm still paying.

Intentionally skirting paying child support is one thing, but when you have Zero parenting time and don't even know where they are is completely different.

She only filed for support in retaliation to my complaint against her. She doesn't need money. The OOP was also retaliation.

In her OOP petition she wanted emergency sole custody, supervised visitation and child support. She also grossly exagerated my income.

If you compare what wife has done, and what I intend to do, there's no way on earth someone could say my wife is looking out for child's best interests.

I also forgot to mention wife was investigated in Sept by NY child services. She was feeding the child a homemade baby formula. This along with the other issues caused great alarm amongst my Doctors.

If there's a book out there on how to do the worst job caring for a child, my wife probably wrote it.


Ok, enough ranting.

Thanks for listening.

TPK

[socrateaser]

You can tell me all day long that you feel you're looking after the child's best interests, but that's not what I'm talking about. You are appealing to the interests of a not-very-objective trier of facts named "Your honor," who is mostly interested in going to lunch on time.

However, the judge sees scummy parents all day long and ANYTHING that you can do to positively diferentiate yourself from the pewling swine is usually good.

The reason for filing for child support is (1) to show the JUDGE that you are willing to put the mother and child's interests in front of your own right at the start, and (2) to prohibit NY from getting jurisdiction. That's all. Nothing else is intended, because you could have filed your petition for support and then asked the NJ court to stay any decision on the matter pending resolution of the custody issues.

Finally, you are still way too emotional, so knock it off. Unless the mother is feeding the child cyanide, whining about homemade baby formula is not gonna get you any traction in the courtroom.

[TPK]

Good news and bad news.

Bad news. NJ Judge never picked up the phone. The NY hearing remained on the docket for 12/15.

Good News. Wife withdrew her support petition and doesn't intend to appear in NY. Very puzzling. I'm not sure how to read this.

TPK

[socrateaser]

>Good news and bad news.
>
>Bad news. NJ Judge never picked up the phone. The NY hearing
>remained on the docket for 12/15.
>
>Good News. Wife withdrew her support petition and doesn't
>intend to appear in NY. Very puzzling. I'm not sure how to
>read this.

Huh? If wife withdrew petition, then how can there be a hearing for support? Despite my not understanding this point, the only reason why wife would withdraw NY petition, other than because she's nuts, is because she thinks she will have a better edge if she shows in NJ and defends: "Your honor, I haven't been hiding at all -- why, after all, here I am!"

...and I agree. LOL.

[TPK]

Let me explain my previous post.

I had spoken to Magistrate's clerk at 2PM. Electronic testimony was granted. I had asked if NJ judge had dialed them up, they said they hadn't heard from him.

 3PM I called my attorney and he called the NJ court. Found out judge never called NY which aggravated me. I don't like this NJ judge.

4PM attorney calls back and said he just received fax from NY lawyer stating wife was withdrawing petition and wouldn't appear. Fax was also sent to NY.

So there's no NY support hearing now.

My guess is wife was scared to do a financial disclosure which would show all that money she has. Remember, she thinks I don't know about the hidden $$$.

I think chances are 50/50 she'll show up in NJ.

Questions

1. What generally would happen if she doesn't show 12/17 in NJ??

2. Can an arrest warrant be issued??

TPK

[jolawanda]

which county?

which judge?

I would run with my hair on FIRE from the state of NJ for ANYHTING to have a hold on me if I were you.  Run like a screaming lunatic from that state! LOLOL....