custody - who keeps jurisdiction

[Ambr]

Missouri has jurisdiction at this time over the kids.

I have read a couple of posts trying to explain the Uniform Custody Act. I am having trouble understanding how the new state gets jurisdiction over the kids.

If I am not reading it wrong when I get done with the relocation case (if the judge approves it), then the new state would then be able to have jurisdiction over the kids. So all new hearings would be in the new state?

Or....would I have to petition for jurisdiction to be changed to the new state?

Could he file cases in Missouri after the court has allowed the relocation? Or would he be required to file in the new state?

and another good question - currently support is paid through missouri child support enforcement through automatic deposit - would this change to go through missouri to the new state to me? or could we keep the current arrangement?
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As always - THANK YOU THANK YOU THANK YOU for helping in understanding all this mumbo jumbo.

[I AM ALWAYS LIABLE]

Originally posted by Ambr



Hello Ambr - - IAAL here. Let's see if this will help:

If I am not reading it wrong when I get done with the relocation case (if the judge approves it), then the new state would then be able to have jurisdiction over the kids. So all new hearings would be in the new state?

MY RESPONSE: You're not reading it wrong. As a matter of fact, you have a good understanding. Once the judge has approved the move-away, the new State will take over jurisdiction ONCE the children have satisfied the jurisdictional requirements of the new State. Until then, MO retains jurisdiction.


Or....would I have to petition for jurisdiction to be changed to the new state?

MY RESPONSE: Your request for a move-away should already contain your request for jurisdiction to be transferred, and then, see the above response.

Could he file cases in Missouri after the court has allowed the relocation? Or would he be required to file in the new state?

MY RESPONSE: Until the new State's jurisdictional requirements have been met (See my first Response), yes, he could, in fact, file an appeal. In which case, MO still retains jurisdiction. However, once the new State's jurisdiction has been satisfied (unless an appeal is waiting to be heard in MO), then all new Petitions must be filed in the new State.

and another good question - currently support is paid through missouri child support enforcement through automatic deposit - would this change to go through missouri to the new state to me? or could we keep the current arrangement?

MY RESPONSE: I don't know what your "current arrangements" are. However, normally, the order re: move-away is also given to the MO Child Support Services. Once the move-away has been approved, unless there are any new proceedings in the interim; e.g., he files an appeal, all payments will immediately be forwarded to the new State.

Good luck Ambr.

IAAL

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As always - THANK YOU THANK YOU THANK YOU for helping in understanding all this mumbo jumbo.

[Ambr]

That answers a lot of questions.

Residency requirements will almost be met by the time the relocation case goes in front of the judge. It has almost been 6 months since we moved.

Things are DEFINITELY looking good for the relocation case, but I don't let myself get to convinced. I guarantee he will file an appeal (or should I say the grandparents will file one for him) if he doesn't get what he wants out of the relocation.

Only asked about the support because it took almost 5 years to get it in place right and deposited like clock work. 10th of the month, it is in the bank - unless its a weekend or holiday, then the following monday. i was just getting impressed with the system. Now the monkey wrench of an additional set of hands on it. hhhmmmm....wonder how long it will take to straighten that one out?

Thanks again for clearing it up for me.