Permanent care control and custody

[Dadto4]

Thats how my decree states me having custody. The decree is from a different state than what I live in now. How do you think the courts where I live will interpretate?

[ocean]

The same way....if mom moved away from home state too then you can get the orders switched to where you live now...BUT it will stay the same until either you or your ex petition the court to the change.

[Dadto4]

It also states that the court that issued the decree retains jurisdiction. She is trying to get it changed here.

[snowrose]

It also states that the court that issued the decree retains jurisdiction.

Retains jurisdiction, period?  Or is there more to that section?

It depends on the State and the way the laws are interpreted, but usually a State will reliquish jurisdiction when the child's connection to the state pretty much no longer exists.

[Davy]

The legal statues governng jurisdiction including origional and continuing jurisdiction are known as the Uniform Child Custody Jurisdiction Act (UCCJA) and superceding acts at the state level and is accompanied by the Federal statues known as the Parental Kidnapping Prevention Act (PKPA).  Both are documented in the article section on this site.  The Uniform statues are clear and nothing is left up to interpretation.   It is clear that jurisdiction will follow the children and a new state will take jurisdiction if none of the parties continue to reside in the original jurisdiction and it is not the original jurisdiction's determination.

[MixedBag]

I'll second what Davy said -- since I'm picking up that BOTH parents moved away from the original state.

And the ONLY state I've heard of that was stubborn and still wanted to retain jurisdiction was VA -- BUT that being said, remember each state has several counties each with their own judge.  So it was probably only one county -- and who knows if that judge is still on the bench.

So I'm on the side of thinking that you two (Mom and Dad) would be successful in transferring jurisdiction to the new county and state where the children live now.

[snowrose]

The legal statues governng jurisdiction including origional and continuing jurisdiction are known as the Uniform Child Custody Jurisdiction Act (UCCJA) and superceding acts at the state level and is accompanied by the Federal statues known as the Parental Kidnapping Prevention Act (PKPA).  Both are documented in the article section on this site.  The Uniform statues are clear and nothing is left up to interpretation.   It is clear that jurisdiction will follow the children and a new state will take jurisdiction if none of the parties continue to reside in the original jurisdiction and it is not the original jurisdiction's determination.

Um, I did check the UCCJEA before I wrote - and there are exceptions.  But as I said, usually the courts will reliquish jurisdiction.

And BTW, it's the UCCJEA - the Uniform Child Custody Jurisdiction and Enforcement Act.

SECTION 202. EXCLUSIVE, CONTINUING JURISDICTION.

(a) Except as otherwise provided in Section 204, a court of this State which has made a child-custody determination consistent with Section 201 or 203 has exclusive, continuing jurisdiction over the determination until:

(1) a court of this State determines that neither the child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or

(2) a court of this State or a court of another State determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.

http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/uccjea97.htm (http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/uccjea97.htm)