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Who will have jurisdiction?

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JBMD

Member
What is the name of your state? Md, VA, OK


Here is the question! Who will have jurisdiction?
Here are the facts:
1) Original Order in VA.
2) NCP moved to NY after order was created.
3) NCP then moved to MD. (NOW resided is MD.)
4) CP moved to Oklahoma in August.

Additional Questions:
Who will have jurisdiction if the CP continues to be the CP?
" " if the NCP gets custody?
Will Virginia retain jurisdiction even though no one lives there anymore?
Can jusridiction be either MD or OK? Or is it where the child will then reside?
Please help! Thanks!
 


jelly

Member
for now, the state that originally issued the order has jurisdiction. if you have lived where you live now for six months or more you can request for a change of venue, but they have a criteria to follow as to whether they let you change venues. usually they try to let the court where the children redise take it, as it is easier for them to perform a home study, etc..

read the following for reference:
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uccjea97.htm
 

JBMD

Member
Well, I am the NCP and live in MD. Will MD have any jurisdiction?
Currently, we are in a court battle in VA, but after that what will happen. Will I have to go all the way to Ok to fight for my son, or can I have something done in the MD court system?
Who will be able to decide who has jurisdiction and is there something that should be filed with the court?

Or will it just go to Ok and I can just forget about it, unless I get custody?
 

stealth2

Under the Radar Member
An argument could be made for MD to have jurisdiction over support issues. Custody issues will follow the child in this case. However... If you file for custody (in OK) and win, OK will likely retain custody.
 

CJane

Senior Member
JBMD said:
Well, I am the NCP and live in MD. Will MD have any jurisdiction?
Currently, we are in a court battle in VA, but after that what will happen. Will I have to go all the way to Ok to fight for my son, or can I have something done in the MD court system?
Who will be able to decide who has jurisdiction and is there something that should be filed with the court?

Or will it just go to Ok and I can just forget about it, unless I get custody?
There are more factors here than just who has jurisdiction. You'd already left the home state before she did. Jurisdiction remained in the home state because the children did, which is why your current 'court battle' is taking place in VA.

Jursidiction tends to follow the children, but one must apply for the new state to take over jurisdiction, usually as part of a modification of the order.

What is the current 'court battle' over? Why are you 'fighting for your son'? How old is the child? Did the CP give proper notice for his/her move?
 

JBMD

Member
Proper notice was not given! CO states 30 day notice. She gave approximately 21 days. She had already sold her house, when she gae notice. Petitioned the court to force CP to not move, but judge let her move to OK. Court in September is for custody battle, i am under the impression that she needs to prove that it is in childs best interest to move to OK, not simply her's. Also, child is 6 and original order needs to be modified as it is no longer feasible to visit 3 weeks every other month, being that he is now in school.
 

CJane

Senior Member
JBMD said:
Proper notice was not given! CO states 30 day notice. She gave approximately 21 days. She had already sold her house, when she gae notice. Petitioned the court to force CP to not move, but judge let her move to OK. Court in September is for custody battle, i am under the impression that she needs to prove that it is in childs best interest to move to OK, not simply her's. Also, child is 6 and original order needs to be modified as it is no longer feasible to visit 3 weeks every other month, being that he is now in school.
If the judge let her move, she obviously demonstrated to him/her that the move was in the best interest of the child. The fact that she missed the notification period by 7 days or so isn't likely to sway the judge to your side in the matter.

Yes, the visitation plan will need to be modified, for a few reasons from the sound of it. Plan on having the child every other holiday, spring break, extended summer, etc. HOWEVER, nothing you've posted so far indicates that custody should be changed.
 

jelly

Member
in my experience, custody was fought in state where neither party resided, but its where the original procedings were started. once the custody was settled, the final order included that any subsequent petitions be submitted through the state that the children resided at. so in essence, that state included something to say "next time, you go to court where the kids live".
 

stealth2

Under the Radar Member
jelly said:
in my experience, custody was fought in state where neither party resided, but its where the original procedings were started. once the custody was settled, the final order included that any subsequent petitions be submitted through the state that the children resided at. so in essence, that state included something to say "next time, you go to court where the kids live".
Well, duh - because both parents had already moved. If ONE of them had remained in the originating state, that is where jurisdiction would have remained. How difficult is this to understand?
 

JBMD

Member
So, basically jurisdiction will follow the child no matter where he goes (Ok or Md). That was all that I wanted to know!

I'm guessing that if I move to Virginia in the next two weeks, this won't matter either?

The custody battle is too long to explain, I just wanted to know, pending what happens in Sept, where jurisdiction would go.
Thanks for all your help!
 

JBMD

Member
Just out of curiosity if I do move to Virginia in the next two weeks, will jurisdiction then stay in Virginia?
 

stealth2

Under the Radar Member
Most likely, yes. It's possible that she'd argue that you only moved back for jurisdictional advantage, and a judge might side with her. But more likely it would remain in VA if you moved back there.
 

CJane

Senior Member
JBMD said:
Just out of curiosity if I do move to Virginia in the next two weeks, will jurisdiction then stay in Virginia?
Since you left the state once already, and the judge has already approved mom's move to OK, it's likely that the only way jurisdiction would remain in VA is if the children remain in VA, and in order for that to happen you're going to have to prove that the move to OK is NOT in the child's best interest but staying in VA with the currently NCP IS even though the NCP only moved back to VA in order to try and fool the court into retaining jurisdiction.
 

JBMD

Member
I believe that the burden is on her to prove that the move IS in the child's best interest. Am I correct? I didn't think that it was for me to prove that it is NOT in his best interest.
All facts aside, the Gaurdien at Litem will decide. I didn't want to get in to ALL the details of the custody battle and so I won't. But do note that I do have a good case, and a lot of evidence against the mother.
And I'm not going to move to VA, I just wanted to know what would happen if that were the case. I had originally planned on moving to VA (Mother knew of this pending move) and so she moved to OK. Now there is no reason to move to VA. I believe that she doesn't want to have to deal with me, but has no concern on how her rash decisions affect the life of our child! And someone shouold have told her that, as we do have a child together, we will need to deal with each other for another few years!
 

casa

Senior Member
JBMD said:
I believe that the burden is on her to prove that the move IS in the child's best interest. Am I correct? I didn't think that it was for me to prove that it is NOT in his best interest.
All facts aside, the Gaurdien at Litem will decide. I didn't want to get in to ALL the details of the custody battle and so I won't. But do note that I do have a good case, and a lot of evidence against the mother.
And I'm not going to move to VA, I just wanted to know what would happen if that were the case. I had originally planned on moving to VA (Mother knew of this pending move) and so she moved to OK. Now there is no reason to move to VA. I believe that she doesn't want to have to deal with me, but has no concern on how her rash decisions affect the life of our child! And someone shouold have told her that, as we do have a child together, we will need to deal with each other for another few years!
No, that is not correct. The court ALREADY approved her move to OK. That is a done deal. It's no longer part of the equation- a judge already made a ruling on it.

The custody battle is the case that is currently being decided. It is in VA because VA kept jurisdiction since the Custodial Parent did not establish residency AND THEN domesticate the order to that state where they live. In order to change custody you must prove Change of Circumstance per VA Family code guidelines. Whatever 'evidence' you have...must meet those requirements, or you will not be able to prove a change of circumstance to warrant the court changing custody.

Once custody is established, whoever ends up being the Custodial Parent will need to establish residency in their state AND THEN domesticate the custody order to that same state. Then the state the children reside in will have jurisdiction.
 
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