Where to file??

[CaringMomof2]

What is the name of your state? NY, but also concerns MI, PA, & MA

I'm not a party to this at all, just looking for information for a friend.

There is a visitation order in effect in NY regarding visitation of friend's 11 year old daughter. He is the NCP and wants to petition for a modification of said order.

Here's where I'm not sure if it should be done as a modification or if a new order should actually be put in place at this point, due to a possible change in jurisdiction.

Court order is in NY where CP & child, and NCP where living at the time. For the last 2 or so years CP & child have lived in PA while NCP has been living in MI for approximately 8 years now. CP & child are moving to MA in August and NCP is moving back to NY in October. Not that it matters but just to add to this the CP & child have NOT been living in NY the remaining 9 years of the child's life, they've been in at least 3 different states for 1-2 years during that time frame.

Should this be done as a modification of the order in NY or should the custody petition be filed somewhere else based on where the parties are living. Would that be any different if NCP filed after moving back to NY or not?

 

[tigger22472]

What is the name of your state? NY, but also concerns MI, PA, & MA

I'm not a party to this at all, just looking for information for a friend.

There is a visitation order in effect in NY regarding visitation of friend's 11 year old daughter. He is the NCP and wants to petition for a modification of said order.

Here's where I'm not sure if it should be done as a modification or if a new order should actually be put in place at this point, due to a possible change in jurisdiction.

Court order is in NY where CP & child, and NCP where living at the time. For the last 2 or so years CP & child have lived in PA while NCP has been living in MI for approximately 8 years now. CP & child are moving to MA in August and NCP is moving back to NY in October. Not that it matters but just to add to this the CP & child have NOT been living in NY the remaining 9 years of the child's life, they've been in at least 3 different states for 1-2 years during that time frame.

Should this be done as a modification of the order in NY or should the custody petition be filed somewhere else based on where the parties are living. Would that be any different if NCP filed after moving back to NY or not?

ANy way it goes it would be a modification... it's not like a do over...

Is dad moving back to the same area that the original order was in?

If so the smart thing to do would be to wait until he moves back and file in NY in the original jurisdiction. It will likely be turned over to the jurisdiction that mom will be living in but if she's moving too there's no sense in starting it where she is, and for them to have jurisdiction she has to live there a certain amount of time. WIth all the moving around it would take longer and more money to start now then to wait until all are settled.

 

[CaringMomof2]

Thank you, and yes, he will be moving back to the same area where the original order was filed.

 

[tigger22472]

Thank you, and yes, he will be moving back to the same area where the original order was filed.

Then he should simply wait until he moves and keep it in that jurisdiction. With the courts the way they are it would probably take that much time to get it started anyway and then it's moot... so best to just wait.