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Alabama VS Ohio uncontested

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starnet27

Junior Member
What is the name of your state (only U.S. law)? Alabama

My husband and I have decided to pursue an uncontested divorce. The problem is that I have been living in AL for the last 9 months and he and my son have been living in OH.
We have agreed that I should have physical custody of my son in AL during the school year and he will have visitation in the summer in OH.

My question is can i file in AL even though my son will not have lived here for the six months required to be a resident? Or will the court take the arrangement my husband and I agreed to without questioning its jurisdiction over my son?

Thank you for any help you can give.What is the name of your state (only U.S. law)?
 


LdiJ

LdiJ

Senior Member
starnet27 said:
What is the name of your state (only U.S. law)? Alabama

My husband and I have decided to pursue an uncontested divorce. The problem is that I have been living in AL for the last 9 months and he and my son have been living in OH.
We have agreed that I should have physical custody of my son in AL during the school year and he will have visitation in the summer in OH.

My question is can i file in AL even though my son will not have lived here for the six months required to be a resident? Or will the court take the arrangement my husband and I agreed to without questioning its jurisdiction over my son?

Thank you for any help you can give.What is the name of your state (only U.S. law)?
Click to expand...
Normally OH would have jurisdiction over custody matters regarding your son. However, if you are both in complete agreement to having AL handle it, and your husband accepts the jurisdiction of the AL court, then there is no reason why a judge wouldn't sign off on your agreement.

However, the alternative would be to allow your husband to file in OH instead.
 
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