3B:12B-16 Proceedings in more than one state.
235 words·~1 min read·
/nj/title-3b/chapter-12b/3b-12b-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
16. Proceedings in more than one state.
Except for a petition for the appointment of a guardian or issuance of a protective order in an emergency under paragraph
(1)of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), or appointment of a guardian of estate or issuance of a protective order limited to property located in this State under paragraph
(2)or
(3)of subsection a. of section 11 of P.L.2012, c.36 (C.3B:12B-11), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following shall apply:
a. A court of this State with jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9) may proceed unless a court of another state acquires jurisdiction under similar provisions before the appointment or issuance of the order.
b. A court of this State without jurisdiction under section 9 of P.L.2012, c.36 (C.3B:12B-9), whether at the time the petition is filed or at any time before the appointment or issuance of a judgment or order, shall stay the proceeding and communicate with the court of another state. If the court in the other state has jurisdiction, the court of this State shall dismiss the petition unless the court in the other state determines that the court of this State is a more appropriate forum.
L.2012, c.36, s.16.