Change of Jurisdiction - Opinions Please

[ProSeDadinMD]

It's not up to a MD judge. It's up to a PA judge to surrender jurisdiction - the same PA judge who OP's attorney knows better than you do.

Whilst I do understand that, the MD judge/master could kick it back to PA on those grounds.

I wouldn't want the OP to go away from here thinking that MD has to accept the move from PA. Just sayin'...

Wanting to argue for the sake of doing so is fine in the abstract, doing so just because is assinine...

 

[mistoffolees]

Whilst I do understand that, the MD judge/master could kick it back to PA on those grounds.

I wouldn't want the OP to go away from here thinking that MD has to accept the move from PA. Just sayin'...

Wanting to argue for the sake of doing so is fine in the abstract, doing so just because is assinine...

Then stop being asinine.

No, the MD judge can't kick it back to PA. If Pa relinquishes jurisdiction, then it jurisdiction would automatically go to where the child lives - MD.

Your advice is wrong and misleading and could cause OP to make a mistake. She should rely on her own attorney.

 

[ProSeDadinMD]

Then stop being asinine.

No, the MD judge can't kick it back to PA. If Pa relinquishes jurisdiction, then it jurisdiction would automatically go to where the child lives - MD.

Your advice is wrong and misleading and could cause OP to make a mistake. She should rely on her own attorney.

If MD decides that they do not have jurisdiction, and based on the OP(and as Zigner pointed out) they don't have to accept it, particularly if Dad remains in the originating jurisdiction, then yes, MD can "kick it back" to PA.

Telling the OP otherwise iS simply false.

 

[3junebugs]

Back in 2004-05 I tried to (improperly) have MD modify the court order. A lawyer here advised me (poorly, I soon found out) that I could file in MD to modify under UCCJEA. So we went through the process of getting Dad served. He never responded, so I had a hearing in my county where the indeed entered in a custody order to modify PA's order. Dad then filed back in PA - my request for change of jurisdiction was thrown out (rightfully so) and I was found in contempt for not complying with the PA order. PA further affirmed that they would hold jurisdiction until further order of the court.

So I am inclined (maybe naively) to believe that my county will accept my order to change the jurisdiction if they already were willing to rule on it in the past. I have to dig up that old MD order and read what it said.

 

[Zigner]

Sounds to me like PA won't want to give up jurisdiction...particularly after the last end-around you tried.

 

[mistoffolees]

If MD decides that they do not have jurisdiction, and based on the OP(and as Zigner pointed out) they don't have to accept it, particularly if Dad remains in the originating jurisdiction, then yes, MD can "kick it back" to PA.

Telling the OP otherwise iS simply false.

Please feel free to cite case law where MD can refuse jurisdiction for a child which has lived in their state for 8 years when no other state has jurisdiction (which is what happens when PA waives it).

 

[ProSeDadinMD]

Please feel free to cite case law where MD can refuse jurisdiction for a child which has lived in their state for 8 years when no other state has jurisdiction (which is what happens when PA waives it).

Sure, once PA actually does waive it...




BTW, read thru this. MD can refuse to assert jurisdiction.

http://www.law.upenn.edu/bll/archives/ulc/fnact99/1920_69/uccja68.htm

 

[LdiJ]

Sure, once PA actually does waive it...




BTW, read thru this. MD can refuse to assert jurisdiction.

http://www.law.upenn.edu/bll/archives/ulc/fnact99/1920_69/uccja68.htm

ProSeDad Misto is right on this one. This one also has nothing to do with MD "asserting" jurisdiction. When a state "asserts" jurisdiction that means they are taking jurisdiction whether the other state relinquishes it or not.

Once PA surrenders jurisdiction, the MD courts do not have the ability to refuse it.

 

[mistoffolees]

Sure, once PA actually does waive it...




BTW, read thru this. MD can refuse to assert jurisdiction.

http://www.law.upenn.edu/bll/archives/ulc/fnact99/1920_69/uccja68.htm

OK, I've read through it. Nothing about a state being able to refuse jurisdiction when no other state has jurisdiction and the child has lived there 8 years. But feel free to point out the exact clause that allows that.

 

[3junebugs]

If PA does relinquish jursidiction, do I have to do much more then just take it to my county court house to be recorded?

 

[Ohiogal]

If PA does relinquish jursidiction, do I have to do much more then just take it to my county court house to be recorded?

Yes. You have to register the foreign decree and file a notice of registration and serve it upon dad and then he has 30 days in which to request a hearing to dispute it.

 

[3junebugs]

Yes. You have to register the foreign decree and file a notice of registration and serve it upon dad and then he has 30 days in which to request a hearing to dispute it.

Thanks!

Would it need to be personal service?

 

[Ohiogal]

Thanks!

Would it need to be personal service?

You need to read the local rules and state rules of procedure.

 

[wavehopper27]

What about the PKPA? Doesn't that provide that once a state has exercised jurisdiction, that state has continuing and exclusive jurisdiction until all parties leave the state?

 

[mistoffolees]

What about the PKPA? Doesn't that provide that once a state has exercised jurisdiction, that state has continuing and exclusive jurisdiction until all parties leave the state?

Or until that state relinquishes jurisdiction - which is what all the discussion is about.