diffrent state who will have jurisdiction?
2007-08-31 07:11:25 · 8 answers · asked by Dannielle F 1 in Family & Relationships ➔ Marriage & Divorce
the state that has jurisdiction is the state the child resides in for the 6 months prior to the filing.
2007-08-31 07:18:15 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
Depends on if you are using the same judge as the divorce case went under. It's supposed to be where the child lived and resides. Why did you let him take the kids there to this other state? If he has the kids and took them to the other state and he resides with them, and he is the petitioner, he has not only the custody of the children but the residential jurisdiction of them as well.
It's complicated, cause where the case is filed is not really the deal. I got one kid residing in Texas and one In Arizona, and the strongest case is in AZ where my HUSBAND has control. I'd be opening my eyes and filing something soon. My children were residents of TX for over a year. Your goal is to build the strongest case as soon as possible.
2007-08-31 14:39:00 · answer #2 · answered by xxxcariooo 3 · 0⤊ 0⤋
child support and child custody are 2 different cases. i am divorced from my first husband and he moved to another state. The state where the child resides always has the jurisdiction in the case. However if you go after him for a garnishment the laws of the state he lives in will take affect. For instance if you live in NY but he is in GA...and you and judgement you will only collect each pay check what GA law says they can take.
2007-08-31 14:23:57 · answer #3 · answered by chris d 3 · 0⤊ 0⤋
Something doesn't add up.
If the state you are living in dismissed your child support process because he moved to a different state, then they made an incredible error.
The process is filed in the state in which the child resides, so unless Texas is considered her 'legal' residence, then your state should be handling it. Remember that each state may have different requirements to become a 'legal' resident, though most assume that after living there for 6 months, you are such.
I suggest you contact an attorney, Yahoo is no place for legal answers.
Good luck
2007-08-31 14:29:41 · answer #4 · answered by Michael H 7 · 0⤊ 0⤋
I was recently told by an attorney that a custody case must be filed from the state in which the child resides. I doubt that he can do anything from Texas. Call an attorney to make sure.
2007-08-31 14:18:08 · answer #5 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
The jurisdiction goes by the residency of the children.
My ex moved to NC, SC, Idaho, Maine, CT and then Texas. I live in Michigan. My ex is still liable for child support. Check with your lawyer, something here ain't right!
2007-08-31 14:23:18 · answer #6 · answered by Melanie J 5 · 0⤊ 0⤋
You were bamboozled into believing it! His moving out of state has nothing to do with his compliance to a court order for child support! Check with an attorney to see that he complies with the original court order!
2007-08-31 14:18:37 · answer #7 · answered by SexRexRx 4 · 0⤊ 0⤋
It will be in the same jurisdiction that it was filed in.
2007-08-31 14:26:50 · answer #8 · answered by Lee B 3 · 0⤊ 0⤋