Rule 5:9A-3.Venue in Actions Concerning Kinship Legal Guardianship

Last amended September 1, 2013 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:9A-3 lays venue for kinship legal guardianship where the caregiver lives, defers to a pending abuse/neglect or termination case, and sends applications to vacate or modify back to the county that granted the judgment.

Full Text of Rule 5:9A-3

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(a) An action for kinship legal guardianship of a child pursuant to N.J.S.A. 3B:12A-1 to -6 shall be brought or the venue laid in the county where the caregiver resides. However, as set forth in R. 5:2-1(e), in cases where there is a pending action for child abuse/neglect pursuant to N.J.S.A. 9:6-8.21 et seq. or for termination of parental rights under N.J.S.A. 30:4C-15, venue will be determined in accordance with R. 5:9-1, that is, in the county where the child abuse/neglect or termination of parental rights action is pending.

(b) An application to vacate or modify a judgment for kinship legal guardianship of a child brought pursuant to N.J.S.A. 3B:12A-6(f) shall be brought or the venue laid in the county where the judgment of kinship legal guardianship was originally granted. A motion to change venue may be brought pursuant to R. 4:3-3 and shall be liberally granted.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 9, 2013 to be effective September 1, 2013.

Plain-English Summary

The starting point is the caregiver's county — sensible, since that is where the child is living.

A pending case displaces it. Where an action for child abuse or neglect, or for termination of parental rights, is already pending, venue follows the termination venue rule instead: the county where that action is pending. One family's child welfare litigation stays in one county.

Applications to vacate or modify a kinship judgment go back to the county where the judgment was originally granted. The rule adds an unusual instruction about moving them: a motion to change venue may be brought under the civil rule and “shall be liberally granted” — recognising that caregivers and children move, and the original county may no longer be convenient for anyone.

Frequently Asked Questions

Where is a kinship legal guardianship action filed?

In the county where the caregiver resides — unless an action for child abuse or neglect or for termination of parental rights is pending, in which case venue is determined under Rule 5:9-1, in the county where that action is pending.

Where do I file to change or end a kinship guardianship?

In the county where the judgment of kinship legal guardianship was originally granted.

Can that be moved to another county?

Yes. A motion to change venue may be brought under R. 4:3-3, and the rule provides that it shall be liberally granted.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:9A-3). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: kinship guardianship venuevacate kinship guardianshipmodify KLGchange venue kinship