Jurisdiction

[barrett21]

What is the name of your state? Tn/Ky
Okay my husband's son's mom moved to Kentucky about year ago with there son they went to court about it and my husband got visitation and all that good stuff. Right after she got up there she got a restraining order up there on my husband it expired yesterday. In the restraining order she asked for visitation to be changed the Judge said she could not change nothing to do with the child. Now my husband recieved a paper in the mail today she is asking for sole legal custody and wants to change everything. They have custody order down here she is asking that Kentucky change jurisdiction. Can someone please tell me can she do this my husband was told by an attorney when she moved that as long as he remained here that this state would keep it or was that wrong? Please any advice would be greatly appreciated. Thanks!

 

[seniorjudge]

Q: my husband was told by an attorney when she moved that as long as he remained here that this state would keep it or was that wrong?

A: I think y'all need to pay attention to the attorney who knows more about this than we do.

 

[barrett21]

Thank You for the advice I appreciate that but it didn't help. If he knew so much then how come my husband just got papers for a motion for full custody down in Kentucky. Can she really have it changed or is this just her way to blow smoke at us?

 

[barrett21]

I was hopeing there would maybe be some other people out there that could give me good advice on this situation please. Thanks!

 

[stealth2]

She can file for anything she pleases. And if your husband doesn't object to it, she'll get it - INCLUDING a change in jurisdiction. Your husband needs to call the attorney and let him know what he's been served with.

 

[barrett21]

He is going to call his attorney first thing Monday. He just wondered do they normally change jurisdiction so easily he always thought as long as he remained in this state it would stay in it and they do have a court hearing down here on Dec 5 on other issues still. Besides the fact she is wanting to change jurisdiction she is also asking for sole custody of their son he is very involved with him and she also wants to change visitation stating now it is to hard on the child. When she went to go move that was one of the things she told the Judge she would not change the visits.

 

[LdiJ]

He is going to call his attorney first thing Monday. He just wondered do they normally change jurisdiction so easily he always thought as long as he remained in this state it would stay in it and they do have a court hearing down here on Dec 5 on other issues still. Besides the fact she is wanting to change jurisdiction she is also asking for sole custody of their son he is very involved with him and she also wants to change visitation stating now it is to hard on the child. When she went to go move that was one of the things she told the Judge she would not change the visits.

Of course jursidiction is not changed easily. The fact that she has filed something doesn't change jurisdiction unless your husband doesn't object to the change.

 

[barrett21]

He is going to try to fight this. I hope they don't change it easy. He has put alot in this down here in Tn for her to just go change it up there. She is only doing it because it is not going her way down here.

 

[barrett21]

My husband took the paper work to his attorney this morning. His attorney said he did not think that jurisdiction would change since there is still a pending case in TN. He also said that it would be hard for her to get sole custody since my husband has not abondened or done harm to his son. He is supposed to be doin the paperwork to let the courts know there is a case in TN so hopefully it will work out. Thanks for the advice I received on here.

 

[barrett21]

Update as of right now

Well my husband went in and seen his attorney in Tn today to show him the paperwork. He told my husband he needed to file a motion to dismiss in Ky because there is a hearing set in Tn for Dec 5th. He also told him that he thought this was finally enough to try to prove she was just trying to alienate the child from him and that he should file for a change of custody. He told my husband to think on if he wanted to do that this weekend and then let him know and that starting out it would be another $4,ooo.oo. My husband call his attorney in Ky and he said we needed to come up on the 27th and he would file that because my husband has to respond by the 30th of this month. He said he thought it would be dismissed also because of the hearing set in Tn. So I guess we will see where it goes from here. I just hope that they are right and jurisdiction will remain in Tn.