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family law jurisdiction is a joke.

Posted by on Jan. 11, 2013 at 1:19 PM
  • 37 Replies
Why is it always that the respondent is protected? Jurisdiction should be where the child is a resident, not the father clear across the country. So frustrated!
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by on Jan. 11, 2013 at 1:19 PM
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Replies (1-10):
stormcris
by Christy on Jan. 11, 2013 at 1:20 PM

Could you elaborate just a bit? I am confused.

ejsmom4604
by Silver Member on Jan. 11, 2013 at 1:21 PM

Your post is too vague to give an answer. 

Peytonsmom6308
by on Jan. 11, 2013 at 1:23 PM
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As far As i knew you had to file anything related to the child in the place where the child has resided for the past 6 months.
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Jack_Squat
by Silver Member on Jan. 11, 2013 at 1:25 PM
In family law, there is the issue of jurisdiction. Thanks to federal caselaw, the law protects the respondent, making it difficult for a custodial parent to file for custody/cs/etc., without having to go to the state the ncp resides in. In my case, that is clear across the country, and will make state number 3 that I have filed in if I lose in court, here.



Quoting stormcris:

Could you elaborate just a bit? I am confused.



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Euphoric
by Bazinga! on Jan. 11, 2013 at 1:25 PM

 

Quoting stormcris:

Could you elaborate just a bit? I am confused.

 

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Jack_Squat
by Silver Member on Jan. 11, 2013 at 1:26 PM
You woukd think it would be that way, but it's not thanks to federal caselaw.


Quoting Peytonsmom6308:

As far As i knew you had to file anything related to the child in the place where the child has resided for the past 6 months.

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AMBG825
by on Jan. 11, 2013 at 1:30 PM
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 In our case it was where we were living and at the time we were not custodial. The reason they refused to move it to where the kids were living was several issues. First it's a huge money maker for the state. The state that has jurisdiction will make thousands off of one custody case. They get money each time you file. Each time you go to court. Each time you do anything. Second, our BM moved constantly. She didn't stay in one place longer than a year. Whereas we had lived in the same house for 4. Third was residency issues. Since she couldn't stay in a residence longer than a year she couldn't maintain a single residence long enough to make her eligible to file.

 

Usually it is where the children live but there are other factors involved in deciding jurisdiction.

Jack_Squat
by Silver Member on Jan. 11, 2013 at 1:35 PM
Neither of us live in the state our child was conceived. He moves frequently because he is military. He is currently in ny & I am in ut. He will be moving AGAIN in a few months, meaning if I lose in court, I will have to file in ny. Only, by the time I file there and get things done, he will have moved and will fight jurisdiction again. Fuuuuh


Quoting AMBG825:

 In our case it was where we were living and at the time we were not custodial. The reason they refused to move it to where the kids were living was several issues. First it's a huge money maker for the state. The state that has jurisdiction will make thousands off of one custody case. They get money each time you file. Each time you go to court. Each time you do anything. Second, our BM moved constantly. She didn't stay in one place longer than a year. Whereas we had lived in the same house for 4. Third was residency issues. Since she couldn't stay in a residence longer than a year she couldn't maintain a single residence long enough to make her eligible to file.


 


Usually it is where the children live but there are other factors involved in deciding jurisdiction.


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stormcris
by Christy on Jan. 11, 2013 at 1:37 PM

Wow that is wow. That must vary by state. It is my understanding in my state that it is where the child has been residing in with the custodial parent unless there was a recent move.

Quoting Jack_Squat:

In family law, there is the issue of jurisdiction. Thanks to federal caselaw, the law protects the respondent, making it difficult for a custodial parent to file for custody/cs/etc., without having to go to the state the ncp resides in. In my case, that is clear across the country, and will make state number 3 that I have filed in if I lose in court, here.



Quoting stormcris:

Could you elaborate just a bit? I am confused.




Would you prefer to be barbecue or teriyaki?
Jack_Squat
by Silver Member on Jan. 11, 2013 at 1:40 PM
No. This is federal law. This applies to every state.


Quoting stormcris:

Wow that is wow. That must vary by state. It is my understanding in my state that it is where the child has been residing in with the custodial parent unless there was a recent move.

Quoting Jack_Squat:

In family law, there is the issue of jurisdiction. Thanks to federal caselaw, the law protects the respondent, making it difficult for a custodial parent to file for custody/cs/etc., without having to go to the state the ncp resides in. In my case, that is clear across the country, and will make state number 3 that I have filed in if I lose in court, here.






Quoting stormcris:

Could you elaborate just a bit? I am confused.






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