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Changing Jurisdiction

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Mommaofthree

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

is it possible to have the jurisdiction changed to my current state even while against the NCP's disapproval. Have lived in current state for five years and have no plans of moving. Court expenses and proceedings very much impact childs well being...
 


Hisbabygirl77

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

is it possible to have the jurisdiction changed to my current state even while against the NCP's disapproval. Have lived in current state for five years and have no plans of moving. Court expenses and proceedings very much impact childs well being...
Im assuming you moved correct? So why would this be the NCP's problem? Why do you think him having to pay the fees would be less of an impact?
 

TheGeekess

Keeper of the Kraken
She'll be under Alabama jurisdiction as long as NCP lives in Alabama. And, IIRC, she can't change venue to increase support. That's not the way it works.
 

Mommaofthree

Junior Member
She'll be under Alabama jurisdiction as long as NCP lives in Alabama. And, IIRC, she can't change venue to increase support. That's not the way it works.
Dang, I didn't know y'all could read minds. Actually, my attorney suggested that I try to have the jurisdiction changed. I did not think that this was legal, but wanted to ask on this forum. I am aware that there is supposedly some user that might be my ex, but I don't have to hide from him. It is a legitimate question, and if you are out there and listening..EX...PAY YOUR CHILD SUPPORT!!
 

Ronin

Member
...my attorney suggested that I try to have the jurisdiction changed. I did not think that this was legal, but wanted to ask on this forum.
Generally speaking, only disputed issues relating to modifications of custody and conservatorship will warrant moving jurisdiction to the state the child is a resident of. Child support, visitation matters, and enforcement of the court orders remain within the jurisdiction of the original state as long as a party maintains a significant connection to that state.

But your attorney has knowlege of other facts in your case and the nature of the issues being litigated. Given your attorney made the suggestion to try to change jurisdiction, you should be asking your attorney these questions.
 

mom482

Member
are you people serious? before you slam someone get your facts straight. 'if' jurisdiction is changed, it would be for custody only. child support stays where the ncp is - and follows the ncp wherever he/she moves. so changing 'jurisdiction' for custody is not going to have any impact whatsoever on child support

to answer your question - check out uccjea. yes you can change the jurisdiction - but you will have to do one of two things - get the current state to relinquish jurisdiction based on it being an inconvenient forum. and/or get your new state to communicate w/ the old state and get permission to 'assume' jurisdiction based on it being hte home state and having the most info on the childs care and training, family relationships etc. of course it depends, if you moved and all your and the fathers family are in the old state - it would be difficult to convince the new state there is more info there just because you live there. by the same token, if you have court history -the old state can say it IS a convenient forum, as they know the history, and the childs father and family still have a close connection to that state regardless of where the child physically resides. there are several factors in uccjea that you have to see if any apply that you could petition based on those grounds. i had two cases moved. one was a fight becuase jf like court only if it was close for him and expensive for me - but he soon proved his frivolousness and the courts agreed to move it to where i am (had he not been such a jerk they would have kept it w/ him simply becuase he still lived there no matter how long i lived in pa). the other just got moved because we both eventually left the state.
depending on the state your in its harder to move the case. the one i just moved - even though uccjea CLEARLY states that the original jurisisdiction remains unless xyz (several criteria to be met) OR both parties leave the state...pa tried to argue that IN had to relinquish jurisdiction. um. no. we both left so they no longer have it period - read the law. it was such a nightmare, my ex wasn't even arguing about the change and the pa court still hassled me until i wrote the attorney general. so just know your facts and proceed from there.
 

Hisbabygirl77

Senior Member
are you people serious? before you slam someone get your facts straight. 'if' jurisdiction is changed, it would be for custody only. child support stays where the ncp is - and follows the ncp wherever he/she moves. so changing 'jurisdiction' for custody is not going to have any impact whatsoever on child support

to answer your question - check out uccjea. yes you can change the jurisdiction - but you will have to do one of two things - get the current state to relinquish jurisdiction based on it being an inconvenient forum. and/or get your new state to communicate w/ the old state and get permission to 'assume' jurisdiction based on it being hte home state and having the most info on the childs care and training, family relationships etc. of course it depends, if you moved and all your and the fathers family are in the old state - it would be difficult to convince the new state there is more info there just because you live there. by the same token, if you have court history -the old state can say it IS a convenient forum, as they know the history, and the childs father and family still have a close connection to that state regardless of where the child physically resides. there are several factors in uccjea that you have to see if any apply that you could petition based on those grounds. i had two cases moved. one was a fight becuase jf like court only if it was close for him and expensive for me - but he soon proved his frivolousness and the courts agreed to move it to where i am (had he not been such a jerk they would have kept it w/ him simply becuase he still lived there no matter how long i lived in pa). the other just got moved because we both eventually left the state.
depending on the state your in its harder to move the case. the one i just moved - even though uccjea CLEARLY states that the original jurisisdiction remains unless xyz (several criteria to be met) OR both parties leave the state...pa tried to argue that IN had to relinquish jurisdiction. um. no. we both left so they no longer have it period - read the law. it was such a nightmare, my ex wasn't even arguing about the change and the pa court still hassled me until i wrote the attorney general. so just know your facts and proceed from there.

I would so go off right now and point out ALL of the flaws in your comment but I think it will be much more fun to sit back and watch Ohiogal do it. Yep that will be some good entertainment.
 

TheGeekess

Keeper of the Kraken
I would so go off right now and point out ALL of the flaws in your comment but I think it will be much more fun to sit back and watch Ohiogal do it. Yep that will be some good entertainment.
What slamming? Did you see any slamming? I didn't. :confused:

Table of Contents for 22063

There's the link to Alabama Statutes on Marital and Domestic Relations. Mom482 should read this before going any further.

OP & her husband both have been advised to seek legal counsel in the state of Alabama, since that is where the case is. What Mom482 said about PA & IN have nothing to do with anything, since the OP's case is in Alabama. :rolleyes::rolleyes::rolleyes:
 

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