Jurisdiction Question

[bambi66]

What is the name of your state (only U.S. law)? IN

Mother and child have always lived in County A and the potential father lives in County B. Potential father filed custody/visitation papers in his county and has only lived there 3 weeks. How can mother (via her lawyer) request this be heard in her county? Mother's lawyer has requested proof of residency from the father. Shouldn't the lawyer request dismissal for lack of jurisdiction?

Thank youWhat is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? IN

Mother and child have always lived in County A and the potential father lives in County B. Potential father filed custody/visitation papers in his county and has only lived there 3 weeks. How can mother (via her lawyer) request this be heard in her county? Mother's lawyer has requested proof of residency from the father. Shouldn't the lawyer request dismissal for lack of jurisdiction?

Thank youWhat is the name of your state (only U.S. law)?

who's homework is this?

 

[bambi66]

It's not homework, it is an actual case in Indiana.

 

[Isis1]

It's not homework, it is an actual case in Indiana.

are you mom or dad?

 

[bambi66]

I'm a third party close to mom. I'm not understanding why a request for dismissal would not be warranted due to lack of jurisdiction.

 

[Silverplum]

I'm a third party close to mom.

Then MOM doesn't care about this question.

IF she did, SHE'D be here asking it.

I'm not understanding why a request for dismissal would not be warranted due to lack of jurisdiction.

You don't need to understand a thing, darlin'.

 

[bambi66]

I realize third party questions are not well received here but I figured it would be a simple question to answer with all the knowledge that is possessed on this site.

I will direct Mom here but thought I would ask in the mean time.

Thanks

 

[LdiJ]

I realize third party questions are not well received here but I figured it would be a simple question to answer with all the knowledge that is possessed on this site.

I will direct Mom here but thought I would ask in the mean time.

Thanks

It actually was a simple question. Yes, mom's attorney certainly can file to change the venue to the appropriate county.

 

[bambi66]

Update & another question...

I found this a strange outcome and was looking for thoughts.

Venue was not changed.
Dad & mom went to mediation Monday, 12/14 and dad decided he wanted to give up his rights. Mom agreed and the mediator said dad's petition would be dropped and he will no longer be dad once signed by a judge.
There is no one to adopt. This mom is young, single and living with her parents.
Would a judge really sign off on this?

Thanks

 

[Isis1]

Update & another question...

I found this a strange outcome and was looking for thoughts.

Venue was not changed.
Dad & mom went to mediation Monday, 12/14 and dad decided he wanted to give up his rights. Mom agreed and the mediator said dad's petition would be dropped and he will no longer be dad once signed by a judge.
There is no one to adopt. This mom is young, single and living with her parents.
Would a judge really sign off on this?

Thanks

likelyhood, the judge will sign off on the termination of visitation rights until a further order. unless mom is independently wealthy and living with her parents cuz it's fun, the judge won't sign off on the right for dad to be 50% financially responsible for the child.

 

[CJane]

Update & another question...

I found this a strange outcome and was looking for thoughts.

Venue was not changed.
Dad & mom went to mediation Monday, 12/14 and dad decided he wanted to give up his rights. Mom agreed and the mediator said dad's petition would be dropped and he will no longer be dad once signed by a judge.
There is no one to adopt. This mom is young, single and living with her parents.
Would a judge really sign off on this?

Thanks

That's not what happened. And no, a judge wouldn't.