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EspañolWhere can I file for child custody? (Which state has jurisdiction)
As is explained in a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), you can only file for custody in the “home state” of the child (but please also take a look at Are there exceptions to the “home state” rule?). The “home state” is the state where your child has most recently lived with a parent or a person acting as a parent for the past six consecutive months. If your child is less than six months old, then your child’s home state is the state where s/he has lived since birth. Leaving the state for a short period of time, such as going on vacation, does not change your child’s home state.
If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state where your child has most recently lived for at least six months.1 However, there are exceptions - please see Are there exceptions to the “home state” rule?
1 See N.J. Stat. § 2A:34-65
Are there any exceptions to the "home state" rule?
There are exceptions to the home state rule. You can file for temporary emergency custody in a state other than the home state if the child is present in the state and one of these things is true:
- the child has been abandoned; or
- it is necessary in an emergency to protect the child because the child (or a sibling or parent of the child) is subjected to, or threatened with, mistreatment or abuse.1
Also, in some cases, you may be able to file for custody in a state where the child and at least one parent have “significant connections.” Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.2 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.
For a list of legal resources, please see our NJ Finding a Lawyer page.
1 N.J. Stat. § 2A:34-68(a)
2 N.J. Stat. § 2A:34-65
Do I need a lawyer?
You do not need a lawyer to file for custody. However, it may be best to get a lawyer, to make sure that your rights are protected. If you cannot afford a lawyer, you may be able to find sources of free or low-cost legal help on our NJ Finding a Lawyer. Additionally, in some cases, the judge may decide that it is appropriate to order the other party to pay your attorney fees.1
If you are unable to get a lawyer, you can visit your local courthouse to file the paperwork that you will need to start a custody case.
You should know that court workers cannot tell you whether you should bring your case to court or what will happen if you do. Even if you plan on representing yourself, it may be helpful for you to have a lawyer review your forms before you file them.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 N.J. Ct. R. 5:3-5(c)
Do I have to go to mediation even if I am a domestic violence victim?
The judge will not refer the case for mediation if you have a temporary or final restraining order against the other party. In cases where there is domestic violence but no restraining order has been issued, or in cases involving child abuse or sexual abuse, the judge can still refer the custody or parenting time issues to mediation. However, domestic violence, child abuse, and sexual abuse issues would not be mediated. If you are referred to mediation, you can ask the judge to remove your case from mediation. The judge will do so if there is “good cause” for it.1
1 N.J. Ct. R. 1:40-5(a)(1)
Can I get financial support for my children?
Both parents have a shared responsibility to support their children. The parent who has a child under his/her care can request child support. You can find more information on our NJ Child Support section.
