Welcome to SPARC Forums. Please login or sign up.

Nov 22, 2024, 11:23:24 PM

Login with username, password and session length

Questions about jursidication of an co

Started by Shanni, Aug 31, 2009, 09:19:54 PM

Previous topic - Next topic

Shanni

HI all its me again. 


Well the sh** hit the fan tonight and I am heading to the courts in the morning for a protection order against mom, and her boyfriend/husband not sure what ya call him. 


The Question I have is this .. if a custody order was issued in Virginia , but child support was awarded in current state of Ohio and the courts according to the order make this statement in the order does this mean that Ohio has taken jurisdiction of the custody order also or is it just support order that they have jurisdiction on?

"That the court retains jurisdiction over this case according to law."

They have recognized the custody order from Sept 6 2006 according to the documents that I have and states in the support order and says:" moved the court modify the effective start date of the child support set forth in the instant Administrative Order to that date on which this court placed the children in her custody September , 2006

Can these statements be taken that Ohio has already accepted jurisdiction over this case?

Shanni

Also if there has been threats made of taking my children back by the mother, and threats made against myself and my spouse can we get an Ex-Parte Civil Protection Order for all members of the household? Their is a long history of domestic violence on both the mother and boyfriend/Husband and major agressiveness on both parties.  ie: husband was just arrested last week for Domestic Voilence on her.

Davy

Shanni,

You may not be able to get a CIVIL PO exparte' (criminal PO ?) if custody jurisdiction is in question and not enough info. has been posted to help with the custody jurisdiction.

I have seen other posters describe where a state claims "jurisdiction" without differentiating between CS and custody in a CS order.  I do not know if that is legal and may only become an issue if one party CONTEST the jurisdiction.  I'm pretty sure one state can have CS jurisdiction while another has custody determination jurisdiction.  Bottom line, I'm just not sure.  In days gone by, only one state had jurisdiction over all matters but that was before the CS Enforcement Act.

I hope that helps in some way. 

Dadto4

Did you have your decree domesticated in the state that your in? If so and you have lived there over 6 months according to the UCCJEA then yes they have jurisdiction.  I had to do a lot of studing on that one because my decree is from another state also.