Jurisdiction When All Parties Have Moved Out Of State

divorce lawyer Daren NeelQuestion:

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?

Answer:

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.

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2 comments on “Jurisdiction When All Parties Have Moved Out Of State

    I did recently move to MA after being married and have a child in Florida state. Now the mother of my daughter is trying to move to another different state. We are still married and she has the physical custody from our child, because I move. This fact that I moved first, I want to know which are my parents rights? What I should do. She wants to do an agreement giving to me just one weekend monthly, summer vacation and holidays shared equally. My question is if I decided to go court might be better for me. Or should I accept her agreement? If I go court could I get more time with my daughter also when we live in different states. My daughter ex she is a good mother but I want to know if she move to another state if that could be an advantage for me to have my daughter custody somehow.

    I did recently move to MA after being married and have a child in Florida state. Now the mother of my daughter is trying to move to another different state. We are still married and she has the physical custody from our child, because I move. This fact that I moved first, I want to know which are my parents rights? What I should do. She wants to do an agreement giving to me just one weekend monthly, summer vacation and holidays shared equally. My question is if I decided to go court might be better for me. Or should I accept her agreement? If I go court could I get more time with my daughter also when we live in different states. My daughter ex she is a good mother but I want to know if she move to another state if that could be an advantage for me to have my daughter custody somehow.

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