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Stepmom Central Stepmom Central

Alright so were trying to get a new custody order in the state we live in. The temp order is from AR and they knew we were bringing them to our state and was told to get a permanent order when we can. BM was served the beginning of last month and when she filed something in AR instead of just coming to the mediation in our state (She lives in another state so 3 states involved).  There was a hearing in AR yesterday to decide if it was going to be moved to our state, the judge decided he wanted to talk to the judge up here before moving it! A little frustrating since Noone lives in AR anymore, the skids have been in our state for over a year, and BM lives in Another state. Any reason they would want to keep it down there? Besides the fact its the state this all started in.

by on Sep. 13, 2012 at 7:07 PM
Replies (11-14):
angelmommy2806
by on Sep. 14, 2012 at 6:05 PM

We're trying to move it to where we live. AR has orginal jurisdiction from when the temp order was written. BM was living there when she was arrested for physical abuse and the kids were placed in foster care. DH went down to AR to pick the skids up and came back up to where we live. Now that we were able to hire an attorney we were filing for a permanent order in our state, and when BM was served she immediately filed down in AR saying they had orginal jurisdiction even though Noone lives there currently. BM moved over 8 months ago and we (DH, skids, and I) have lived in the same place since he became CP.

The judge just said he wanted to talk to the judge up here, not really sure Why but our attorney is confident it'll be moved here,

Quoting pepper504:

Usually it is filed where the child primarily resides.  If the CP moves to another state, parish, county, then they have to reside there for at least six months in order to change jurisdiction. 

Did the judge state why jurisdiction would not be moved?


pepper504
by Platinum Member on Sep. 17, 2012 at 10:56 AM

Bolded below is awesome.  Lots of luck in that!

Quoting angelmommy2806:

We're trying to move it to where we live. AR has orginal jurisdiction from when the temp order was written. BM was living there when she was arrested for physical abuse and the kids were placed in foster care. DH went down to AR to pick the skids up and came back up to where we live. Now that we were able to hire an attorney we were filing for a permanent order in our state, and when BM was served she immediately filed down in AR saying they had orginal jurisdiction even though Noone lives there currently. BM moved over 8 months ago and we (DH, skids, and I) have lived in the same place since he became CP.

The judge just said he wanted to talk to the judge up here, not really sure Why but our attorney is confident it'll be moved here,

Quoting pepper504:

Usually it is filed where the child primarily resides.  If the CP moves to another state, parish, county, then they have to reside there for at least six months in order to change jurisdiction. 

Did the judge state why jurisdiction would not be moved?



ShannaBee
by on Sep. 17, 2012 at 1:10 PM

Good luck.

The reason they are doing that is because it was started in AR.

1SpaZZedMom
by Librarian on Sep. 18, 2012 at 11:10 AM

My thought is that the reason for speaking to the (now) local judge is to make sure that there isn't any biased reason for switching states. He also is probably going to discuss the case with the (new) judge and differences/similarities to state laws/guidelines. It is more of an informational type thing in my opinion. Don't take it as bad news. Take it that the two judges are going to be discussing the absolute liklihood of transferring so that the case can be local to you. 

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