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Question of jurisdiction

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Datman07

Member
What is the name of your state (only U.S. law)? North Carolina/Virginia/Illinois


My ex and I enterred a parental agreement in the state of North Carolina (her jurisdiction at the time) back in 2005. My ex has since moved to Illinois(around Jan 2007) and has been there since (living, working, etc).

My question is wondering if there is anyway I can force my ex into court in Illinois and devise an entirely new parenting plan that would be to all of our benefit (daughter included) and not just my ex as I am currently bearing much of the burden, and not being able to spend as much time with my daughter as both her (daughter) and I would like.

A second part to this question - I have noticed that although my ex has been living in another state for the past almost 2 years, she has not yet changed her license plates, leading me to believe that she is trying her best to trick the system and hold on to the very one-sided parenting agreement. What, on my part, can be done (paperwork, whatever) to show as proof that she has in fact been a resident of Illinois as opposed to North Carolina since there is definitely a possibility of running back to North Carolina if I try and serve her papers in Illinois? Any productive feedback would be greatly appreciated as this is a serious matter.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? North Carolina/Virginia/Illinois


My ex and I enterred a parental agreement in the state of North Carolina (her jurisdiction at the time) back in 2005. My ex has since moved to Illinois(around Jan 2007) and has been there since (living, working, etc).

My question is wondering if there is anyway I can force my ex into court in Illinois and devise an entirely new parenting plan that would be to all of our benefit (daughter included) and not just my ex as I am currently bearing much of the burden, and not being able to spend as much time with my daughter as both her (daughter) and I would like.

A second part to this question - I have noticed that although my ex has been living in another state for the past almost 2 years, she has not yet changed her license plates, leading me to believe that she is trying her best to trick the system and hold on to the very one-sided parenting agreement. What, on my part, can be done (paperwork, whatever) to show as proof that she has in fact been a resident of Illinois as opposed to North Carolina since there is definitely a possibility of running back to North Carolina if I try and serve her papers in Illinois? Any productive feedback would be greatly appreciated as this is a serious matter.What is the name of your state (only U.S. law)?

Is your ex or her hubby (if remarried) in the military? Where do you live -- Virginia?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? North Carolina/Virginia/Illinois


My ex and I enterred a parental agreement in the state of North Carolina (her jurisdiction at the time) back in 2005. My ex has since moved to Illinois(around Jan 2007) and has been there since (living, working, etc).

My question is wondering if there is anyway I can force my ex into court in Illinois and devise an entirely new parenting plan that would be to all of our benefit (daughter included) and not just my ex as I am currently bearing much of the burden, and not being able to spend as much time with my daughter as both her (daughter) and I would like.

A second part to this question - I have noticed that although my ex has been living in another state for the past almost 2 years, she has not yet changed her license plates, leading me to believe that she is trying her best to trick the system and hold on to the very one-sided parenting agreement. What, on my part, can be done (paperwork, whatever) to show as proof that she has in fact been a resident of Illinois as opposed to North Carolina since there is definitely a possibility of running back to North Carolina if I try and serve her papers in Illinois? Any productive feedback would be greatly appreciated as this is a serious matter.What is the name of your state (only U.S. law)?
Just as an FYI...

I know of a case (different states than yours but the same circumstances) where a father attempted to file a modification in a new state (the state where the children were residing for a couple of years) and the mother ran back to the original state with jurisdiction, and the original state insisted on retaining jurisdiction...and the new state bowed down to the original state, based on the fact that the children were no longer present there.

I don't remember which states were involved, other than the original state with jurisdiction, which was Washington state.
 

Datman07

Member
Is your ex or her hubby (if remarried) in the military? Where do you live -- Virginia?
She is currently married but neither are in the military. I am a resident of Virginia and currently travel to Indiana monthly to pickup my daughter for weekend visits.
 

Datman07

Member
Just as an FYI...

I know of a case (different states than yours but the same circumstances) where a father attempted to file a modification in a new state (the state where the children were residing for a couple of years) and the mother ran back to the original state with jurisdiction, and the original state insisted on retaining jurisdiction...and the new state bowed down to the original state, based on the fact that the children were no longer present there.

I don't remember which states were involved, other than the original state with jurisdiction, which was Washington state.

Thanks for the FYI....That is very unfortunate for the father. That is exactly what I am trying to avoid since I did not necessarily get a fair trial in the original state.
 

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