My divorce and child custody case with my ex-wife was decided in one state, however, we all have since moved across the river to another state.
If I am looking to modify the parenting time schedule, then which state should I bring my action: the original issuing state that neither party lives in or the new state that we all live in now?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky divorce laws where I am licensed to practice.
If I understand your factual scenario correctly, it would seem to me that the new state you all reside in would be the appropriate court for you to bring your action.
While it is a general rule that the original court retains exclusive jurisdiction, when none of the parties involved continue to reside in the state, the original court will often decline to exercise its continuing and exclusive jurisdiction in favor of the more appropriate court.
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Since you, your ex-wife, and your children live in a different state, I would presume that the original court would have no issue waiving its continuing and exclusive jurisdiction in favor of your new state’s court.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.