changing jurisdiction - how to get started?

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Latest post 06-21-2006 5:52 PM by ChrisKristenDad. 8 replies.
  • 06-14-2006 3:53 PM

    Question [=?] changing jurisdiction - how to get started?

    Can anyone point me in the general direction of finding out how to get jurisdiction changed from one state, to the state of residence of the child? Thanks...
  • 06-14-2006 3:58 PM In reply to

    Feedback [*=*] re: changing jurisdiction - how to get started?

    Does one parent still live in the jurisdiction state? If so, changing jurisdiction is going to ne near impossible.
  • 06-14-2006 5:16 PM In reply to

    • aj923
    • Not Ranked
    • Joined on 05-25-2005
    • Posts 37

    Feedback [*=*] re: changing jurisdiction - how to get started?

    It is very difficult. My ex-wife has legal custody of our daughter and even though she has lived with me in in New York for about 14 months now, I couldn't get jurisdiction changed because our divorce was granted in Florida and my ex still lives in Florida. I petitioned the courts in NY and the judge wrote me a letter stating that I needed to go to FL. It is very frustrating. I am now in the process of pursuing custody and I have to go to FL to do it.
  • 06-14-2006 6:34 PM In reply to

    re: changing jurisdiction - how to get started?

    Ex moved 2000 miles away to another state almost 4 years ago. I remained with our child until 6 months ago when I moved 3000 miles to another state with the child (yes I was allowed to do so). So now neither parent lives in the state and neither parent will ever live in the state again. There is always constant "litigation" with the ex over one thing or another which causes great difficulty since both of us live thousands of miles away from the current jurisdiction. Ex always has the money to pay for attorneys and travel for court appearances; I do not, and it is becoming ridiculous.

    I just want to know what I need to do to get started or where to go for info about having it changed...?

  • 06-14-2006 7:05 PM In reply to

    Feedback [*=*] re: changing jurisdiction - how to get started?

    I don't practice family law, but you might start with a motion in the original state's court case, asking for that state to relinquish jurisdiction so that the new "home state" can assert jurisdiction.

    UCCJEA requires courts to communicate with each other. No idea how that works in practice.

    Because of that, you might be able to file a modification action in your new state and allege jurisdiction based on the original state losing J and the new state being the "home state."
  • 06-14-2006 7:07 PM In reply to

    Note [#=#] How is it fair to drag . . .

    the other parent into court in a state they have no connection with?

    The only "fair" state is the one where everything started. Until nobody lives there any longer.
  • 06-14-2006 7:38 PM In reply to

    re: How is it fair to drag . . .

    EXACTLY. That's the point, neither of us live there anymore and neither of us will ever live there again.

    The ex is the one who keeps dragging me back the state of origin. The state of residence of the child is with me.
  • 06-14-2006 7:41 PM In reply to

    Ok [+0+] re: changing jurisdiction - how to get started?

    Do you think I would need an attorney or could I contact the court myself somehow?

    Thanks for your ideas!
  • 06-21-2006 5:52 PM In reply to

    Ok [+0+] re: changing jurisdiction - how to get started?

    I believe if you and the child have residence in NY for 6 months you can apply for a change of jurisdiction. Look on the web.
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