MT attorney claims ex can have case moved to her state

[toshiba]

What is the name of your state? MT

I asked earlier if my ex in AZ could have our divorce decree and child custody arrangement/case moved to her state.

I spoke to a MT attorney today and he claims given the fact that my ex has lived in AZ for several years she can request that everything be handled and/or moved to AZ and will most likely get her way if she hires an attorney to pursue this matter.

I'm trying to have my visitation changed becuse my son is now on a track all year school system and school breaks have changed dramatically.

Is this the actual truth? Can she do this? It seems unreasonable and unfair!

Please Help!

 

[Whyte Noise]

Go to any search engine and type in "UCCJA" and/or "UCCJEA" depending on which act Montana and Arizona use. Some states haven't adopted the UCCJEA version yet, and still apply UCCJA.

This will tell you about who would have jurisdiction in a custody case. But generally, even if your divorce was done in Montana, if the children have lived in Arizona for longer than 6 months, that is now their "home state", and Az. could possibly take jurisdiction over the custody issues of the children.

So yes, your ex "could" do this. Whether she would or not is something we can't answer. Only she can.

 

[ktarra617]

actually I was under the impression that as long as one party remained in the original state that that state would maintain jurisdiction..


So if Montana was the place of the original decree and one of the parties remains there then it is my understanding that Montana retains jurisdiction....


ask Boxcarbill...

 

[Lil Miss Smarty Panties]

The way I understand it, custody cases can follow the child to their home state, but support cases would stay in the original state as long as one of the parents still live there.

 

[ktarra617]

perhaps IAAL or Boxcarbill can straighten us out then I am going to write it down for future reference!!!!LOL!