SPARC Forums

I have joint custody of my son who is 9 yrs old.  My ex was allowed to move to another state almost 20 hrs away, because of her job.

About 5 months ago, she lost thos job, and instead of moving my son back to my state, where all his family is, and her new husband lives, she moved him about 5 hours away to an entirely different state.

She was in the first state almost 2 yrs. She owns a home here and her new husband lives here.  The only court that has ever made a ruling is here.  He was born here, and as I've already said, she has notbeen in this new state for 6 months.

My question is, where is jurisdiction?  here? or in the new state she lives in?  

Please disregard what I posted here.
See Davy's post.
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The jurisdiction is proper in the new state.  See the Uniform Child Custody Jurisdiction Act for that state. UCCJA.

I respectively disagree with Fathertime.

A reading of your state's UCCJA along side the accompanied Federal statue known as the PKPA (Parental Kidnapping Prevention Act) ...they must be read together...will easily determine the original jurisdiction as the HOME state based on 1) a parent remains in the original jurisdiction, 2) original jurisdiction is the only state to enters custody orders, (3) child and parties have a significant connection to the original jurisdiction and (4) no other state has a substantial interest in the child.  

There may be more reasons ... this is my recollection  (years ago) in interstate jurisdictional proceedings using the UCCJA and PKPA  successfully in both state and federal court.  Recent readings indicated few (except EA verbage) if any changes.  Judges/attorneys will probably advised differently but both state and federal statues are clear (especially the PKPA).

Please, if any other experiences/knowledge with statues let's discuss.
I have (?) documentation/commentary I could forward.

I thank you for your kind disagreement.

I stand corrected.  I misunderstood the scenario.  There are three states involved not two like i thought.  

Since there was less than six months in the second state, and less than six in the third, and the mother was allowed to move because of a job change. I would assume that the original state would be the more convenient forum.  

The original state is more familiar with the case and the mother moved to another state, possibly without permission of the court.

Good call.

P.S.
 I would like to know more about the pkpa uccja for my own case though.  You said that you had some supporting information.  I have issues of jurisdiction to settle.  You confused me a little.