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family law jurisdiction is a joke.

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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!
Posted on the NEW CafeMom Mobile
by on Jan. 11, 2013 at 1:19 PM
Replies (11-20):
stormcris
by Christy on Jan. 11, 2013 at 1:52 PM

The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child. 

Quoting Jack_Squat:

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.







Would you prefer to be barbecue or teriyaki?
Jack_Squat
by Silver Member on Jan. 11, 2013 at 1:58 PM
Omfg. I think you just won my case. If I could kiss you, I would


Quoting stormcris:

The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child. 

Quoting Jack_Squat:

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.










Posted on the NEW CafeMom Mobile
stormcris
by Christy on Jan. 11, 2013 at 2:02 PM

Best of luck to you.

Quoting Jack_Squat:

Omfg. I think you just won my case. If I could kiss you, I would


Quoting stormcris:

The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child. 

Quoting Jack_Squat:

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.











Jack_Squat
by Silver Member on Jan. 11, 2013 at 2:12 PM
Ugh. Just talked to my attorney. There are 2 different types of jurisdiction. We do have this jurisdiction, but they are fighting the other that has to do with the 14th amendment.


Quoting stormcris:

The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child. 

Quoting Jack_Squat:

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.










Posted on the NEW CafeMom Mobile
stormcris
by Christy on Jan. 11, 2013 at 2:16 PM

Ahh yes there are two types 

I know it is aggravating but sit tight the court usually rules in favor of the child's area of living plus the state he is in can settle it by giving over the right to hear the case and solve the issue. 

Quoting Jack_Squat:

Ugh. Just talked to my attorney. There are 2 different types of jurisdiction. We do have this jurisdiction, but they are fighting the other that has to do with the 14th amendment.


Quoting stormcris:

The Uniform Child Custody Jurisdiction Act (UCCJA) has been adopted by Georgia, as well as the other 49 states. This act gives jurisdiction for custody cases to the location that is most closely associated with the child. Within Georgia, the Circuit Court has jurisdiction to hear child custody cases. That court has the power to override any agreement if they believe the agreement is not in the best interest of the child. 

Quoting Jack_Squat:

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.











AllofFive19
by Bronze Member on Jan. 11, 2013 at 2:19 PM

Most of the time this law protects the custodial parent. 

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.




ejsmom4604
by Silver Member on Jan. 11, 2013 at 2:32 PM

What is his home state? Because he is in the military, they have to work around that. Funny how everything for my stepson is done in his state, it is never done in our state. I have always heard it is put through the state of the childs residence, then the state will contact the non-custodial parent's state and go through them, at least for child support. For custody, it is done in the child's state of residence. I think the part that may be giving you issues is that he is military. That makes it hard, but there has to be some central way to get through all of it. 

Jack_Squat
by Silver Member on Jan. 11, 2013 at 3:02 PM
Most people don't fight personal jurisdiction. They simply consent to it because that state has subject matter jurisdiction. Unfortunately, he is protected by the constitution on this one, unless the judge buys that he subjected himself to the state of UT by refusing to provide support for his child, therefore enabling the child to potentially become a burden of the state. Otherwise, he has no ties to this state and cannot be hauled to court, here. Both of our home state is TX. He currently resides in NY, and I reside in UT.


Quoting ejsmom4604:

What is his home state? Because he is in the military, they have to work around that. Funny how everything for my stepson is done in his state, it is never done in our state. I have always heard it is put through the state of the childs residence, then the state will contact the non-custodial parent's state and go through them, at least for child support. For custody, it is done in the child's state of residence. I think the part that may be giving you issues is that he is military. That makes it hard, but there has to be some central way to get through all of it. 


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ejsmom4604
by Silver Member on Jan. 11, 2013 at 3:06 PM

Wow that is different. I'm sorry you are going through all this and I hope it works out. Unfortunately I only know what my hubby goes through and I know he has to go to the state of NY for any and all hearings (and this was before his son became a ward of the state. Which is another long story lol).

Quoting Jack_Squat:

Most people don't fight personal jurisdiction. They simply consent to it because that state has subject matter jurisdiction. Unfortunately, he is protected by the constitution on this one, unless the judge buys that he subjected himself to the state of UT by refusing to provide support for his child, therefore enabling the child to potentially become a burden of the state. Otherwise, he has no ties to this state and cannot be hauled to court, here. Both of our home state is TX. He currently resides in NY, and I reside in UT.


Quoting ejsmom4604:

What is his home state? Because he is in the military, they have to work around that. Funny how everything for my stepson is done in his state, it is never done in our state. I have always heard it is put through the state of the childs residence, then the state will contact the non-custodial parent's state and go through them, at least for child support. For custody, it is done in the child's state of residence. I think the part that may be giving you issues is that he is military. That makes it hard, but there has to be some central way to get through all of it. 



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terpmama
by Silver Member on Jan. 11, 2013 at 3:20 PM

I thought it was whoever files first then all other stuff related to that first filing went to the original jurisdiction...

p

ie: mom files in fla where everyone iis then mom moves to Cali, fla still has jurisdiction. 

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