Jurisdiction Question

[MixedBag]

State:  Irrelevant (I think).


1.  If NCP still lives in the state that granted the divorce, and the CP (with child) moved to another state (a long time ago), would jurisdiction for contempts stay in the original state since the NCP still lives there?


Don't both parents (CP and NCP) have to move out of the state and then jurisdiction follows the CP with child after 6 months for contempt and custody issues?

[socrateaser]

>State:  Irrelevant (I think).

VERY relevant, because uniform laws about custody are frequently less than uniform.
>
>
>1.  If NCP still lives in the state that granted the divorce,
>and the CP (with child) moved to another state (a long time
>ago), would jurisdiction for contempts stay in the original
>state since the NCP still lives there?

>Don't both parents (CP and NCP) have to move out of the state
>and then jurisdiction follows the CP with child after 6 months
>for contempt and custody issues?

As long as one parent remains in the state where custody was originally decided, that state retains continuing exclusive jurisdiction, until that state court determines that the child no longer has a sufficient connection with the state to provide evidence of the child's health and welfare. As a practical matter, after six months pass, the original state will usually find that the forum is no longer convenient and order a noncustodial parent's custody mod dismissed without prejudice, but with a recommendation that the parent refile in the new state.

However, for contempt, the reality is that there is no practical way for the original state court to enforce a contempt order in another state, therefore, it is better for the noncustodial parent to register the original order in the new state and then file a motion to enforce the order therein, because, if the court actually finds contempt, it can order the custodial parent arrested and incarcerated, or whatever other remedy may be necessary to vindicate the court's authority.

Also, when you say a "long time ago," you could fall victim to very old orders which were originally made under old statutes that are no longer applicable, but to which the new state must nevertheless give full faith and credit under the constitution. So, there's all sorts of potential gotchas, for any custody order made more than about 9 years ago.

But, what I've stated is a fair approximation of the legal situation.

[MixedBag]

DH was caught up in this situation and now I also think TJRodolph (from the other thread) is and I go back and forth as to whether or not we made the right decision.

We too came to the same conclusion years ago and didn't fight a jurisdiction transfer because the new court could go after her better because she was there.  DH had just moved away so neither of them lived in OH anymore.

However, when it got moved, the history or impact of previous contempts seemed to stay in OH and not follow her.  I read that it takes a few tries sometimes to convince a judge of what's really going on, and DH had to start over.

It also increases the expense on the side of the NCP who now has to travel to appear in court.  Expenses like that are not always awarded when the NCP receives a verdict in their direction.

Thanks again -- and I think you answer belongs in one of the articles here.  Many parents face a move-away parent and wonder whether or not to keep jurisdiction where they are or whether or not to move it.