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For example, while Rust alleges that he was unable to exercise visitation for extensive periods because Ganz would not give him her address or phone number, Ganz claims she always provided that information. The parties dispute many facts that impact on the merits of an ultimate custody determination, which is not before us, as well as on jurisdiction. The child lived in New Jersey with his mother and had visits with his father in Pennsylvania, except for a period when Ganz requested Rust to keep the child for several months 1 because, as Ganz alleges and Rust does not dispute, she had Lyme disease. While the consent order does not expressly refer to each party's state of residence, we infer from the circumstances that the parties contemplated that Ganz would continue to live in New Jersey. That order, signed by Judge Debbie O'Dell Seneca, provided for joint legal custody, primary physical custody with Ganz, and visitation for Rust according to a detailed schedule under which Jacob would spend 33 days in 1994 and 35 days in 1995 with Rust. The parties reached a detailed agreement regarding custody and visitation, and the terms of that agreement were memorialized in a consent order filed in the Pennsylvania action on February 23, 1994. The Complaint filed by Rust alleged that Jacob had lived with Ganz in New Jersey since June 1993, a period of about five months.
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On October 22, 1993, Rust filed for a determination of custody and visitation in the Court of Common Pleas in Washington County. The record does not disclose the result of the New Jersey support action. 2A:4-30.24 et seq., in the Family Part of the New Jersey Superior Court in Monmouth County. On SeptemGanz filed for child support under the Uniform Reciprocal Enforcement of Support Act (URESA), N.J.S.A.
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By JRust had moved to his parents' Washington County home, and Ganz had moved with the two children to live with her parents in Freehold, New Jersey. Ganz alleges in her complaint that the separation was a result of Rust's drinking and acts of domestic violence. The parties never married, and sometime in May 1993 they separated. At the time of Jacob's birth, Ganz and Rust were living together, along with Ganz' older child born of a previous relationship. Rust was born to plaintiff Michelle Ganz and defendant Edward Rust on Decemin Washington County, Pennsylvania, not far from Pittsburgh. We conclude that the dismissal was premature, and reverse and remand for a plenary hearing to determine whether New Jersey has jurisdiction, if so whether Pennsylvania also has jurisdiction, and if both states have jurisdiction, which is the more appropriate forum in which to resolve the ongoing custody and visitation issues.Ī chronology is crucial to an understanding of the issue presented. (UCCJA), and consequently dismissing plaintiff's custody complaint. This case requires us to determine the propriety of a Family Part order declining to exercise jurisdiction under the Uniform Child Custody Jurisdiction Act, N.J.S.A. The opinion of the court was delivered by Aaroe, II, Belvidere, for respondent (Aaroe Law Offices, attorneys, Mr. Victoria Reiners, Mendham, for appellant (Warren County Legal Services, attorneys, Ms. Decided: April 04, 1997īefore Judges STERN, HUMPHREYS and WECKER. Superior Court of New Jersey,Appellate Division.