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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!
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by on Jan. 11, 2013 at 1:19 PM
Replies (21-30):
invisibleme
by Member on Jan. 11, 2013 at 3:21 PM
Was there a previous order in the state ncp is in.


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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AMBG825
by on Jan. 11, 2013 at 3:28 PM

I must be misunderstanding here. You don't need to file in the state that you're from. You file in the state you reside in. If you reside in UT then that is where you file. TX would have nothing to do with it because you're not living there. If and when you ever move back to Texas, then you file for a change of venue to move the case.

 

And unless these aren't his kids then he does have ties to UT. And if they aren't his kids why would there be a custody/support case opened on him?

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. 


 






 

Jack_Squat
by Silver Member on Jan. 11, 2013 at 5:55 PM
Nope. Parent-child relatiinship is not sufficient, willful contact with the state, even under the long arm statute


Quoting AMBG825:

I must be misunderstanding here. You don't need to file in the state that you're from. You file in the state you reside in. If you reside in UT then that is where you file. TX would have nothing to do with it because you're not living there. If and when you ever move back to Texas, then you file for a change of venue to move the case.


 


And unless these aren't his kids then he does have ties to UT. And if they aren't his kids why would there be a custody/support case opened on him?


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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Jack_Squat
by Silver Member on Jan. 11, 2013 at 5:58 PM
No previous orders


Quoting invisibleme:

Was there a previous order in the state ncp is in.




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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FromAtoZ
by AllieCat on Jan. 11, 2013 at 7:20 PM


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.






No, it does not.


FromAtoZ
by AllieCat on Jan. 11, 2013 at 7:24 PM

My ex-husband is active duty military.  He is the non-custodial parent.

Should he receive orders, again, and move to another state, he will have to return to WA state should we end up back in court for any reason.

The jurisdiction on all matters concerning our daughter, custody, child support, etc., remain in WA state unless she is relocated, with approval first from the court, to another state by either myself or her father.  At that time, we would have to petition the court to change jurisdiction to the state she resides in.

I'm sorry you are having such a difficult time.  It is absolutely no fun.

Jack_Squat
by Silver Member on Jan. 11, 2013 at 10:46 PM

Yes, it does. There are two seperate types of jurisdiction; subject matter jurisdiction and personal jurisdiction. States may rightfully have subject matter jurisdiction, however that does not mean they can exercise personal jurisdiction over a defendant/respondent. Personal jurisdiction is each person's 14th amendment right and upheld by the supreme court. The case that set the framework for it is the International Shoe case. In order to exercise personal jurisdiction, the respondent has to have willfully availed himself to the state the proceedings have been filed in. The burden of proof lies with the petitioner, and if the respondent has not availed himself to the state, then the state may not legally exercise jurisdiction. 

Quoting FromAtoZ:


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.






No, it does not.



opal10161973
by on Jan. 11, 2013 at 10:53 PM

That's how it is here in FL.

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.


Jack_Squat
by Silver Member on Jan. 11, 2013 at 10:59 PM

I am talking about federal law that applies to every state in the U.S.. A 14th amendment right. It may seem that that is how it is in your state, but that's only because that's usually how it's done. However, personal jurisdiction trumps any other jurisdiction claims, and in cases of child support and custody, the respondent must meet BOTH kinds of jurisdiction. 

Quoting opal10161973:

That's how it is here in FL.

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.



shannonnigans
by Platinum Member on Jan. 11, 2013 at 11:03 PM
I didn't follow the whole thread but can he be brought in under any minimum contacts analysis? I suspect your atty has long since gone through this but can't hurt to bring it up again.
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