SPARC Forums

BM and BF have joint legal with BF having physical

Both parties lived in the home state (State A) and have moved from that state

2.5 years ago BM moved to State B
5 months ago BF moved to State C

Court order is in State A

Children do not spend 6 months in either state

1. Can BM move the case to her state and filed contempt (not for custody as that is not what the children want at this time, but because BF is doing everything he can to keep BM from information which is legally allowed to her thru the court order)?

2. If the BF has not lived in State C for 6 months he cannot move it there right?

3. Does the fact that the children go to school in BF's state make a difference as to which state gets jurisdiction (or is it in this case first come first serve)?

Thank you

>1. Can BM move the case to her state and filed contempt (not
>for custody as that is not what the children want at this
>time, but because BF is doing everything he can to keep BM
>from information which is legally allowed to her thru the
>court order)?

No. Enforcement for contempt remains in State A, unless BM registers existing judgment in State C and seeks enforcement there (and I strongly advise this, because enforcing contempt in State A will be very difficult, if not impossible).

>2. If the BF has not lived in State C for 6 months he cannot
>move it there right?

BF cannot move for a new custody action in State C until the children and BF have resided there for 6 months, but BF can move for an emergency TRO to protect the children at any time. I see no emergency in your facts, so this not an option.

>3. Does the fact that the children go to school in BF's state
>make a difference as to which state gets jurisdiction (or is
>it in this case first come first serve)?

It's a fact that the court considers, but since you're not telling me the matters at issue before the court, I can't say if the fact is relevant.