Jurisdiction

[Lindma]

Hi everyone - I have a question regarding jurisdicition.

If the children no longer live in the state and or country where their Parenting Plan was established, can jurisdiction be changed to where the children are now residing? (the non-custodial parent still lives in county where the parenting plan was established, but will be moving soon)

I have been reading up on this topic and have been getting different answers. Rather confused now.

Thank you in advance.

[MixedBag]

only after both parents have left the original county, then jurisdiction follows the children.

[firstlove]

To make sure I understand this correctly because I happened to stumble on this which is something I have been looking for a while now.. MBL (Brother in Law) and his daughter's mother lived in another state where the CO was given.  She promised if he left the state she would not take out child support and would allow him to visit with the child.  If not she would seek full custody, MBH had no job and had been arrested for DWI.. That was over 8 years ago..
He returned to his home state and about 5 yrs ago so did the DM without letting him know.  She in fact moved so close to him and his family that she made her friend,who was married to his brother and her children lie to their father and others on knowing that she lived that close..
Now that both of them live in the same state but in different counties, can he file for a modificate of the CO in his home state for jurisdiction change.  DM allow the daughter's sibling to visit with her but made them promise not to tell but after seeing photos on FB, the family figured out that they were living in the same state. 
Sibiling have informed MBL that the daughter wants to see him but the mother is saying bad things about MBL and told the siblings not to talk about their father.
Any suggestion on what can be done?  Even if the daugher has to visit with the father's mother and have supervised visit..

[ocean]

I am a little confused...lol

They are both back in the home state but not the same county?

How far is the court that has the last set of court papers? If they are in the same state and mom is still there...will file there. He would have to wait for mom to move for a few months to get it to her new location. Within the same state, you can request another county to take over but usually it is where the child is for the last 6 moths or so...

added:
He will get unsupervised visits fairly quickly if not right away. If he has been clean all these years, goes to AA maybe? Dr says he is in great health? Finished any type of program even if it is years ago.
Does he have his driver's license? He can offer to take drug tests any time.
Courts have dealt with this MANY times...he should get regular overnight visits fairly quickly, once he starts seeing her and they get to know each other. They may have to do a few day visits first and usually never at the mother's house- away at a public place a few times, then a few hours by himself, gradually increasing.

[firstlove]

You are confused.. This is how it got started couple met when BM moved to the south, BM convinced BF to move up North when the relationship went sorry and BF moved on while still up North BM took out CO with supervised visitation even following BF during his visits (situation was bad). BM got into legal trouble from his drinking moved back to the South with his family (child was 2 at this time).
BM moved back to the South maybe 3 years later in the same state,but in another county(town) that is about 15 minutes up the road.   She has threatening that she has lawyers in place up North is tries to see his child claiming he did mental damage to their child before BF left and all the things he put her through.. MF hasn't seen or spoken to the child since in left when she was two.
The child's siblings that leave in the same state and in the same county as the BF has had contact with the child and the child's BM, even to the point that the BM has driven to pick up the sibilings on several different occasions.  They recently told the BF and other family members that the child wants to see their father.

[ocean]

Still somewhat lost but he either has to deal with the courts that have the case last or ask that the case be transferred to where she is now since no one is in original state with the case. The fastest way is to deal with it in old state. If he has orders for supervised visits he can send mom a certified letter that he intends to start seeing child at the court ordered time and that if she wants, the first meeting he is willing to meet for a quick introduction at a public place (not in mom's house). Put his email in letter so they can start to communicate. If she refuses, (try to get the refusal in writing-email or on voicemail) then he files in court for modification of the papers to start to see child and a step up parenting plan so he can get daughter unsupervised.

Sounds like he was a mess for a while and you can understand the mother's reason to be very careful about this. Maybe in that letter, he can say he messed up a long time ago, but has been doing well (license?, job? alcohol free for XX?) and would like to meet daughter and take it from there slowly. He can even ask the courts to set up court ordered counseling with dad and child so mom is not in there and they can talk some of the past out without mom's input.

To change court location, he would needs to ask the court to take the case away from the home state and the reason why (no one is in home state) BUT first look at the laws. Some states child support goes to 18, others 21. He will not be allowed usually to change to states with the difference. This is so every single parent does not go running to NY (21) to get 3-4 more years of child support. Child support/visitation is separate BUT done in same court.

[MixedBag]

I agree -- once they both left the original jurisdiction, either side can ask for it to be moved to where the children live.

And jurisdiction goes down to the county level, not just the state.  So even if everyone is back in the original state, if it's a different county, it can be moved.

And you (either side) has to ask to have that done first.

And then work forward from there.

[firstlove]

Thanks!! I know it is confusing..  they both had their issues with drugs and drinking.