Jurisdiciton question

[chipmunk226]

What is the name of your state (only U.S. law)? MD but order in PA

In doing some research I found an article http://www.beroeslawcenter.com/uploads/GM/oY/GMoYovkosWvknw1XAZmu_w/Practical-Approach-in-Custody.pdf

Here's and excerpt:

D. JURISDICTION, MODIFICATION AND REMOVAL

When analyzing whether jurisdiction is proper, Counsel must refer to both the
Uniform Child Custody Jurisdiction Act as well as the Child Custody Act found in 23 Pa.C.S.A. 5348.

Mother has moved by consent out of state and out of the jurisdiction of Pennsylvania.

The Court in Pennsylvania however continued to maintain jurisdiction over the divorce until that matter was finally concluded. Father then filed to modify the Custody Orderwhich the Pennsylvania Court originally entered. At the time Father filed the Petition for Modification, the child had resided in Missouri for approximately 5 years.

Does the Pennsylvania Court have jurisdiction over Father’s Petition for
Modification of a Custody Order?

Answer NO.

Should the Matter be properly removed and transferred to the Missouri Court?

Answer YES.

Counsel is directed to file Preliminary Objections to the filing of such request for Modification.

The objections should include;

1. Motion to Dismiss due to non-compliance with the Jurisdictional
requirements of the Uniform Child Custody Jurisdiction Act 23 Pa. C.S.A.
Section 5344. Mother would submit that the Court must refrain from
exercising jurisdiction since Pennsylvania is not the “home state” of the
Child; it is not in the nest interests of the child since ALL substantial
evidence regarding the child’s present and/or future care, protection,
training and personal relationships exist out of state; the child is NOT
physically present in the state; and it appears that the other state would
have jurisdiction under prerequisites substantially in accordance with 23
Pa. C.S.A. Section 5344 (1)(2) and (3).

2. Motion to Dismiss for Inconvenient Forum Pursuant to 23 Pa. S.C. A.
Section 5348. Mother would submit that the Court must decline to
exercise jurisdiction since Pennsylvania is an inconvenient forum for the
resolution of the dispute because; the other state is clearly the “home
state”; the other state has a closer connection to the child; the other state has all the evidence concerning the child’s life, school, medical, and
religious life; and finally; the exercise of jurisdiction by this Court would
contravene the purposes of 23 Pa. C.S.A. Section 5341 et seq.
See Specifically Appendix II

This example is very similar to my case. I was granted permission through agreement to move to MD back in 2004. I know may be moving to NC because my husband is in line for a promotion. I have primary physical and legal custody.

Does this mean that I should first apply for the venue to be changed to MD, then ask MD courts to relocate? and then ask MD to move it to NC? Or does it make sense to just go through PA now, like I have in the past to handle the relocation and then allow them to release it to NC?

What burns me is that I tried to file a modification in MD back in 2005, but PA blocked it stating that MD had no jurisdiction and denied my request for change of venue, which now I see was incorrect so I have been making the hike back and forth to PA when it should have been allowed to be moved to MD a long time ago.

 

[LdiJ]

What is the name of your state (only U.S. law)? MD but order in PA

In doing some research I found an article http://www.beroeslawcenter.com/uploads/GM/oY/GMoYovkosWvknw1XAZmu_w/Practical-Approach-in-Custody.pdf

Here's and excerpt:

This example is very similar to my case. I was granted permission through agreement to move to MD back in 2004. I know may be moving to NC because my husband is in line for a promotion. I have primary physical and legal custody.

Does this mean that I should first apply for the venue to be changed to MD, then ask MD courts to relocate? and then ask MD to move it to NC? Or does it make sense to just go through PA now, like I have in the past to handle the relocation and then allow them to release it to NC?

What burns me is that I tried to file a modification in MD back in 2005, but PA blocked it stating that MD had no jurisdiction and denied my request for change of venue, which now I see was incorrect so I have been making the hike back and forth to PA when it should have been allowed to be moved to MD a long time ago.

I don't know where that excerpt came from...but in general its not very accurate. Usually as long as one party to the matter remains in the original state, the original state will retain jurisdiction.

There definitely exceptions to that (something which is often ignored on these forums). It is actually not very unusual for jurisdiction to be transferred to the state of the children's legal residence if the children have lived there for quite some time.

It doesn't surprise me at all that PA declined to transfer jurisdiction in 2005, because at that time your children had not been residents of MD for very long. It would also not surprise me if PA would decline to transfer jurisdiction now, nor surprise me if PA agreed to the transfer of jurisdiction now.

I am also not sure that you would be doing yourself any good to try to transfer jurisdiction to MD at this point either. Jurisdictional battles often take quite some time...and quite some expense. You would have to battle out the whole issue of jurisdiction before you could even get to the issue at hand. Do you really want this whole process to take a year or more long to get to the "meat" of the issue?