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custody question about parents in different states..

Posted by on Jun. 27, 2010 at 11:34 PM
  • 8 Replies

if one parent already has custody in lets say florida, and the other parent, who lives in oh, say colorado, wants to take them back to court for custody, would they have to go to floida where the other parent already has custody or would they be able to go throught the colorado court system?


        

by on Jun. 27, 2010 at 11:34 PM
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Replies (1-8):
exquizitemami
by on Jun. 27, 2010 at 11:38 PM

I live in CA with my fiance and his two kids. His ex (mother to his children) lives in CO. All court stuff was done in CO,  Any time we wanted to modify anything, we had to go through the CO system. So my guess is, they would have to go through FL.

fairymom2316
by on Jun. 28, 2010 at 11:21 AM

BUMP!

caretta32
by on Jun. 28, 2010 at 11:26 AM

you will have to do it in Florida because that is where the children are residents of

Bopples
by on Jun. 28, 2010 at 11:26 AM

I *think* that court would be held in the state that the person who filed for custody lives in. I had to testify for a friend once and she lived in NJ and the father lived in NC and we had to go to NC where he filed for joint custody (mom had full) and for lower child support payments.

lenoxclan
by on Jun. 28, 2010 at 11:28 AM
Should be held in which ever state the originally custody agreement was filed in.
clhelms
by on Jun. 28, 2010 at 11:30 AM

If the initial paperwork was done in FL, than FL is where all additional proceedings will occur in unless a change of venue is entered and accepted.  That would not probably happen in this case if the custodial parent still resides in the same county/state that they did when the everything began.  The state that the children live in retains jurisdiction over the matter after a period of time.  In Illinios that is 6 months.  For example, I couldn't file for divorce in IL until I had lived here 3 months and my DD 6 months (we moved back here from TN).  Before that time period I would have had to file in TN and I wasn't driving all that way for court proceedings, lol. 

IleanRight
by on Jun. 28, 2010 at 11:31 AM

 it would be where the child lives

Megan190
by on Jun. 28, 2010 at 11:39 AM

I live in washington, my ex lives in oregon.  I have full custody of my daughter; When theres a need to do somthing i have to go thru Oregon because that is where everything happend, Like went to court, where my laywer is and whatever.


Its not where the kids reside because I have full custody of my daughter and we live in washington. Still have to deal with the Oregon Court if we have to do anything. Thats where my laywer is.

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